CALSPro - California Association of Legal Support Professionals

CALSPro worked together with the California Association of Licensed Investigators and put together a letter and phone call campaign, testified before the Senate Judiciary Committee, met with members of the judiciary, and along with some superb lobbying, we were ultimately able to defeat SB984. This bill in its initial version would have imposed fines of $10,000.00 to $25,000.00 for serving the wrong person or at a bad address. The language was ambiguous and could have allowed multiple people at one address to make claims of erroneous service, each instance and/or claim with its own fine.  The bill was amended and the fines removed but it then placed a requirement that the first attempt at service of a summons and complaint that initiates an action could only be made between 7:00AM and 8:00PM. This bill never made it to the Senate floor for a vote.

Sponsored by the Los Angeles County Sheriff’s Dept., this bill initially sought to allow county sheriff’s to serve writs, garnishments, subpoenas and “other judicial process” electronically. The end result could have been a taxpayer sponsored system of low cost electronic service statewide, leading to the loss of millions of dollars in revenue for our members. CALSPro was instrumental in getting changes made to this bill through meetings, teleconferences, and emails. Ultimately, all of the electronic service provisions were removed from the bill.

CALSPro language added to the courts omnibus bill allowing us to effect changes to CCP§706.108(a). In 2007, AB758 made similar changes to sections related to returns of writs and proofs after service after a levy. This change was a corrective change to allow 5 court days instead of 5 calendar days to return the writ and proof(s) after service of an Earnings Withholding Order as well.

CAPPS sponsored AB758 was passed. This bill changed the requirement for the return of proofs of service after performance of a levy from 5 calendar days to 5 court days. The bill clarified language relating to the required “affidavit” stating the manner of levy performed after service of a writ of attachment or execution; now only requiring proof of service on the holder of the property. Other changes were made to the requirements for service of process on writs of possession.

AB2303 passed and added Chief Executive Officer, Controller, and Chief Financial Officer as authorized agents for service upon a corporation.

CAPPS Sponsored bill AB496 was passed. Clarifies that service at penal institutions could be made by any person authorized to serve process, at a state or county institution. This bill also changed the Code of Civil Procedure in that the court would issue and retain the original summons. No longer would the original have to be returned after all defendants were served and it eliminated the entire procedure for a lost summons.  Also, it eliminated the notice requirement when a party was subpoenaing their own personal records.

CAPPS, along with a consumer advocate group, lobbied against AB1495. This bill would have permitted anyone to serve a Prejudgment Claim of Right to Possession. The Senate Judiciary Committee was convinced that notice to occupants was better left to Sheriff’s and Registered Process Servers.

A bill sponsored by ISPs that would have provided a mechanism to charge any amount in responding to a records subpoena. The law had a potential to allow an ISP any amount to cover their costs and interruption of “normal operations” to respond to the subpoena. The bill was defeated on a narrow vote.

CAPPS bill allowing substituted service at a place of mailing; eliminate need for diligence on an individual at a Commercial Mail Receiving Agency; allow unnamed occupants to be included in an unlawful detainer posting order; allow service of a business organization, form unknown.

No consensus was reached on eliminating diligence prior to sub service at a CMRA, and it was removed from the bill. The bill’s ability to add an unnamed tenant to the posting order was not only opposed, but an amendment was proposed that would sanction a process server who improperly served an unlawful detainer.

The bill passed that allows sub service on a business at a CMRA, and a business organization, form unknown service provision was passed.

The California Judicial Council proposed the repeal of a rule of court that allows for computer generated proofs of service. This would have rendered obsolete most of the computer generated proof of service programs with the introduction of the new POS-010 Proof of Service of Summons form.

The committee arranged a meeting to demonstrate how a process server prepares proofs of service, and why the rule needed to stay. The rule was not repealed.

Frontier Pacific’s bonds are cancelled affecting several association members. Efforts were instituted to get the word out.

Support limits requirements publication orders to require a search of only those records accessible by a registered process server; allows for subsequent levies on the same writ; eliminate the restriction on recoverable costs while serving an earnings withholding order. Passed.

Allows a Process Server bond to be filed 60 days prior to the expiration date.

Temporary ID card bill was hijacked, and amended away.

CAPPS sponsored bill to provide an exemption to a registered process server from the trespass law for vehicular trespass while serving process.

Enabling legislation would authorize the Judicial Council to develop rules for electronic filing. Lobbying efforts behind the scenes eliminated “after hours” filings and added time for service by e-mail.

Notice to Consumer and Objection Form introduced. Comments made to Judicial Council, and a meeting was arranged to urge elimination of the form. The form stays.

Supported CALI bill to regain access to DMV records. Passed but vetoed.

Omnibus Bill that CAPPS added as amendments: exempt a registered photocopier from the registration act if services are records only subpoena; provided a felon to file a certificate of rehabilitation, expungement or pardon while registering; RPS may post cash instead of a bond; clerk may serve an OSC re contempt on a person who fails to return an ID card.

CAPPS bill to require “reasonable business hours” access to hospital and doctor’s offices to copy medical records. Passed.

Support a bill to allow lawyers, and a registered process server at a lawyer’s directive, access to voter’s registration records for civil litigation purposes. Vetoed.

Opposed a bill that would have authorized service by mail of DMV suspension and revocation hearings. The DMV argues that it is a $10 million item in their annual budget. Since the service contract is awarded to one process serving company that has several CAPPS members as employees, this bill would benefit only that company.

Opposed a bill that would allow service by mail child support documents in “Title IV-D” cases. It was defeated, but was resurrected and authorized as a pilot program in San Diego County. The bill was carried over into the next session.

Registration act is amended, eliminating the concept of serving under another server’s registration number, fingerprinting and background checks, and the issuance of ID cards. The bill carried 15 items that related to process serving and photocopying. The bill took opposition from trial lawyers, bankers, county clerks, and others.

Because the EDD is working on the industry specific regulation, all EDD process server tax audits have stopped.

Supported an amendment to exempt process servers in the Private Investigator Act. The amendment clarifies that a registered process server does not violate the investigator licensing law when performing a service of process. This permits a process server to legally perform skip trace assignments in conjunction with a
service of process assignment. (B&P § 7522(m))

Opposed a bill that would permit family law documents to be served by mail.

CAPPS and EDD meet to create an industry specific tax regulation.

CAPPS bill to define a gated community; amend the registration act.

Small claims court jurisdiction to increase from $5,000.00 to $10,000.00 was removed from the bill.

After discussions from the CAPPS Planning Retreat in Monterey, and a CAPPS Registration Act Summit in Sacramento, the legislative committee began to craft an amendment to the registration act. Ideas ranged from licensing, certification, commissioning programs, testing, background checks, etc. The committee heard from a representative of Notary Division of the California Secretary of State.

Due to the lack of success in defining an independent contractor law, the committee recommended that CAPPS meet with the EDD to work on an industry specific regulation for this industry.

Proposal to serve family law summons via first class mail was opposed and removed from the Omnibus bill.

CAPPS proposed language to a bill attempting to define the definition of an independent contractor. The EDD opposes the bill, and the bill is withdrawn because the projected loss in revenue stated by the EDD made passage doubtful.

CAPPS and the EDD initiate discussion to create the industry specific tax regulation relating to independent contractor process servers.

Gives a registered process server, marshal and sheriff access to a gated community. The bill protects the holding in Bein v. Brechtel-Jochim Group, Inc. (1992) 6 Cal. App.4th 1387, 8 Cal.Rptr. 351 which allows service on a security guard who denies access.

Confirms vehicular trespass as an exemption for process servers while serving process.

A bill that would have made it harder for a person to be classified as an independent contractor was killed in the Senate.

Omnibus Bill that included deposit of witness fees with public agencies; a law restricting a custodian of records from releasing subpoenaed documents until the date and time set for production.

A statutory framework was implemented codifying fax filing.

CAPPS participation in the Judicial Council/Fax Project Review/Study Committee contributed to the shape of the law.

CAPPS sponsors a statutory fee increase. The fees increase to $24.00 on 7/1/93, $25.00, $26.00, and $28.00 in 1995, 1997, and 1999, respectively.

The process server law further defines “independent contractor status.”

CAPPS supports a Marshal/Sheriff effort to raise the statutory fee from $20.00 to $25.00, suggesting a periodic increase based on the Consumer Price Index. The Collector’s make another deal that agrees to a $1.00 increase. CAPPS opposed, then removed opposition after an agreement to work together on increases in the future.

Restricted access to voters’ registration records. CAPPS members take two seats at the Judicial Council/Fax Project Review/Study Committee

Increased the small claim court jurisdiction to $5,000.00.

Allowed the addition of $100.00 to a judgment at the time the writ is issued.

Corrected problems regarding the posting of a $150.00 witness fee for a peace officer.

CAPPS was successful in having the bond amount of $50,000.00 reduced to $5,000.00 to access DMV records through a DMV directed administrative procedure. CAPPS files Request to File an Amicus Brief in support of Kaiser in an appellate court case John Starbuck, et al. v. Kaiser Foundation Health Plan, et al., a case that addressed whether the per page fee limitation for copied medical records applies to both a healthcare provider and third party copiers.

Amendment to the Registered Process Server’s Act to substitute the county prosecutor in the place of the county clerk for purposes of investigating and prosecuting the wrong doing of a registered process server.

Created a Fax Pilot Project, allowing for fax filings. CAPPS members participated in the Judicial Council hearings and removed “mail provisions” in the fax filing rules. A delay of 2 days was one of the provisions added to the fax service rules.

Access to DMV records severely restricted after the murder of the actress Rebecca Schaeffer by a person who obtained her address through DMV records.

Changed the procedure for serving a minor with a subpoena the same as when serving a minor with a summons.

Provided the same protection of a registered process server as a peace officer, firefighter, etc., when assaulted while performing his or her duties.

Required the County Clerk to record the bonds filed to register as a process server and a photocopier.

Increased small claims jurisdiction to $2,000 on 1/1/89, and to $2,500.00 on 1/1/91.

Allowed punitive damages for failure to pay a dishonored check.

Supported Marshal’s and Sheriff’s statutory fees to increase from $16.00 to $20.00, and eliminated a fee for a “due diligence declaration.” Passed.

Restricted production of subpoenaed business records to be produced only to someone who is registered as a photocopier. Passed.

The California Discovery Act was passed, inserting “registered professional photocopier” throughout the photocopying and discovery process.

Collectors bill to provide for service by mail defeated.

Renumbered recoverable costs provision and added “registered process server” more prominently in the statute.

Opposed a bill that would allow counties to contract out process serving to private process servers. Defeated or withdrawn by sponsor.

Supported Marshal’s and Sheriff’s statutory fees to increase from $14.00 to $16.00. Passed.

A bill introduced by the collectors was opposed, and it ultimately was defeated or withdrawn by the sponsor.

A bill detrimental to photocopiers was defeated by successfully urging a veto.

Opposed a mailing bill that was amended into a bill late in the session. The author withdrew it prior to the bill being heard.

Required a ministerial officer (Sheriff) to charge $14.00 to prepare and execute a declaration re diligence.

Recoverable costs for serving writs. (CCP § 1032.8)

Created a registration for photocopiers, legitimizing the photocopy industry in the discovery process. (B&P Code § 22450, et seq., CCP § 2020.410)

Bill to modify CCP § 1985.3 to provide a custodian of records with more than one location to be served no less than 10 days prior to the date specified for production.

Bill to make an assault on a process server an offense subject to fine not in excess of $1,000.00. (Penal Code § 241, 243)

Proposed amendments to the registration act. Opposition to bill resulted in putting the bill over to the next year’s program.

Allowed recoverable costs to be entered, and prohibited the clerk from denying such costs. (CCP § 1032(b). An amendment was proposed by the Administrative Office of the US Courts to amend Federal Rules of Civil Procedure for providing for service of a summons by mail. The AOC had concluded its public hearings and submitted it to the US Supreme Court for approval. The rule was suspended without such approval, the first time in US history that a rule had not been approved at that point in the process. Since many state specific service of process laws are patterned after the FRC, this could have decimated the process serving industry nationwide. NAPPS is formed.

Revised the statutes authorizing a registered process server to serve writs of attachment and writs of execution.

Would allow service of subpoenas by mail to custodians of records. Defeated. Jurisdiction of small claims court increased to $750.00.

Would allow service of summonses by mail. Defeated.

Limited cost for copying subpoenaed business records (Evid. Code §1563)

Supported a bill to increase the statutory fee from $8.50 to $14.00. Passed.

Limited cost for copying subpoenaed business records. (Evid. Code §1563)

Opposed a bill to allow the service of a criminal subpoena by mail, and to provide an acknowledgement of receipt. The bill passed. Penal Code § 1328d

Supported a bill to increase the statutory fee from $8.50 to $14.00. Defeated.

Supported a bill to increase the statutory fee from $8.50 to $19.50. Defeated.

Gave proof of service a registered process server rebutable presumption status under the Evidence Code. (Evid. Code § 647)

Authorized a registered process server to serve certain Writs of Execution. (CCP §§ 488.080; 699.080)

Proposal would have authorized service of process by mail. Opposed and defeated in its first committee hearing.

Allowed the court to award as “recoverable” costs of locating, serving, and stakeouts. (CCP § 1032(b))

Raised the statutory fees to $8.50 flat rate for service of process. (Gov’t Code 26721)

Would change the statutory fee for service of process from $3.00 per document to $5.00 per document, + $1.00 per mile. Supported and Passed, but vetoed by Governor in favor of SB 953.

Provided for the service of subpoenas by first class mail. Opposed bill and defeated it.

Authorized a registered process server to serve a post judgment order to appear for examination. (CCP § 708.110)

Minor amendments to the registration law that would give Subpoena power to hearing officers at a revocation hearing, and allows for a process server to retain a registration number upon timely renewal.

Bill that would authorize service of a summons via first class mail. Opposed bill and defeated it.

Authorizing registered process servers to serve post judgment order to appear for examination. Unsuccessful.

Attempted to change the law making an assault a felony. Unsuccessful.

Sheriff-Marshal merger bill that would have eliminated process serving by private process server opposed and successfully amended to retain private process servers.

Provided for registration of process servers. (B&P Code § 22350, et seq.)

CAPPS is formed.

Restriction of service of post judgment orders for appearance of judgment debtors by private process servers.

Service by mail authorized for summons using a Notice and Acknowledgement of Receipt; Substituted service introduced as an alternative manner of service (CCP §§ 415.30; 415.20).