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Posted April 29, 2014 in Legislation
AB 2286 – This is a bill introduced by Assembly Member Wagner and sponsored by CALSPro. To quote the bill, “This law would remove oversight of the registration of process servers from the counties and place it within the State Bar of California.”
The bill was moving through the Assembly Judiciary Committee, with the first hearing scheduled for April 26, 2014. Unexpected and unanticipated opposition has recently been expressed by the California Supreme Court. After discussions with the court, CALSPro will be asking Assembly Member Wagner to withdraw the bill.
Discussions will continue within CALSPro regarding our registration with the possibility of new legislation being submitted in 2015.
More information will be available at the next CALSPro Board of Directors meeting, scheduled for June 21, 2014 in Sacramento.
Steven C. Janney
For the Legislative Committee
NEW, REVISED OR REPEALED FORMS FOR THE JUDICIAL COUNCIL AND SAN DIEGO SUPERIOR COURT
Attached is a list of new, revised or repealed Judicial Council and San Diego Superior Court forms which are now available for use. Court forms available on the Internet may be found at: www.sdcourt.ca.gov, and/or printed forms may be found at the San Diego Superior Court business offices as indicated.
NOTICE OF CHANGE OF SAME-DAY FILING DEADLINE FOR DOCUMENTS DEPOSITED IN COURT DROP BOX
Effective April 21, 2014
Pursuant to California Rule of Court 2.210(a), drop boxes are currently provided outside each Clerk’s Office for filing papers or submitting payments.
Effective Monday, April 21, 2014, the same-day filing deadline for any document deposited in the court’s drop boxes will no longer be 5:00 p.m. Instead, any document deposited in the boxes up to and including 4:30 p.m. on a court business day is deemed to have been deposited for filing on that day. Any document deposited in the court’s drop box on a judicial holiday, or after 4:30 p.m. is deemed to have been deposited for filing on the next court business day.
April 14, 2014
NOTICE TO ATTORNEYS
Effective January 1, 2014, the Superior Court of California, County of San Diego discontinued the use of the Certificate of Service and Certificate of Progress in all Civil proceedings. In lieu of this filing, counsel wishing to extend the time to serve the complaint must seek an extension via ex parte application to the assigned department (CRC 3. 110, SDSC 2.1.5).
Effective immediately, all Certificate of Service and Certificate of Progress Forms submitted to the court will not be processed or returned. The court will recycle all submitted documents.
Please bust out your favorite team jerseys or bowling shirts for Friday night at Tahoe Bowl! This is a sporting event and you may want to participate by looking “sporty”. If you plan to be a team player, please spread the word to your fellow team mates to adopt the look! You have a chance to beat your opponents on the lanes, and also on the “Best Dressed” list!
Assembly Bill 1825 (Government Code 12950.1) states that at least once every two years, each supervisory employee in CA is mandated to undergo at least 2 hours of classroom or other effective interactive education and training regarding the recognition, prevention and correction of sexual harassment. 2013 is a compliance year!
CALSPro provides an inexpensive ($25) online resource for providing the training and education; which includes a test and a certificate upon successful completion of the program, meeting the requirement set forth by the statute. Simply click on this link: http://www.myeglearn.com/CALSPro/ , or go to www.CALSPro.org , and at the top “EDUCATION” tab click the drop-down for Online Programs. Then click on “Harassment Prevention” on the left side. You will see a list of courses, the first of which is:
Preventing Harassment and Illegal Discrimination for Supervisors [California] – AB 1825 Compliant [Updated for 2013]
Then do the program and print the certificate. While you’re there, check out some of the hundreds of other courses available on the site.
CALSPro Vice President
Continuing Education Chair
The winter 2012 issue of the CALSPro Press is out with great articles regarding new laws & lawmakers, sewer service, technology in the field and a conference recap with pictures.
The budget battles rage on in Sacramento. Legislators still found time to introduce legislation that will affect us. A brief outline is described below.
- AB1720 – This bill will allow private investigators to have access into a gated community for the sole purpose of service of process under §CCP 415.21. The CALSPro Board of Directors voted to remain neutral on this bill.
- AB2372 – CALSPro is opposed to this bill which would allow service of process upon an attorney by a client, former client, or officer of the court by simply mailing to the address which appears on the state bar website. We are opposed to this bill because due process and proper notice are at the core of our Best Practices and we would each expect the same rights as individual citizens.
- AB2044 – CALSPro is opposed to this bill which would allow anyone over the age of 18 years to serve a Prejudgment Claim of Right to Possession. Service of a PJ is restricted to Registered Process Servers and Sheriff’s because of the potential impact it has on unidentified occupants, the complexity of identifying unidentified occupants, and the posting and mailing requirements. We do not believe it to be in the public’s best interest to allow an inexperienced person to serve a document that has so much impact on the occupants during an eviction.
- AB2364 – the Legislative Committee is continuing to monitor and review this lengthy bill which would make changes to levies, attachments, and the service of related documents. This bill would require that any financial institution having 9 or more branches designate a centralized location for service of process.
- AB2073 – This bill would expand the ability of courts to electronically file and serve documents by order and at the discretion of the presiding judge. We continue to monitor this bill and have not taken an official position as of now.
- SB1543 – CALSPro is opposed to this bill which would make numerous changes to the fees being charges by medical facilities and records management companies for the production of copies. This bill would tie future increases or decreases in fees to the Consumer Price Index. Part of this bill would eliminate copy services from being able to copy records when being obtained under a patient authorization. The bill states that only a Medical Records Management Company (contracted, in-house) can make those copies (effectively creating a monopoly). Many photocopy companies have been contacted and all agree that this bill must be opposed.
Legislative Committee Chair
As most of you know the San Francisco County Superior Court recently modified their hours of operation for the clerks’ office now closing at 4:00PM every day.
Please note that the clerk will not file any document other than the one the clerk is currently working on at the filing window. Any other document(s) you need filed will have to be brought back the next business day. We, our customers, and the public currently have no other options as the court no longer provides a drop-box to submit filings at closing.
CALSPro is actively working to find a solution to help our members who are in the clerk’s office before closing time. Mike Belote has made contact with the Executive Clerk, T. Michael Yun through his connections at the AOC and Judicial Council, but as of now San Francisco Superior Court is sticking to their current policy as they are technically in compliance with the California Rules of Court and there is no code or provision to require them to do anything beyond what they are currently doing. Although, we understand the fiscal impact that the budget reductions have had on courts, all court users, including the public will be harmed severely, some irreparably, by this policy.
Our President, Chad Barger, recently sent a letter to Mr. Yun with a request, that a drop-box or some other method be available to people who are properly in line at closing time so that any applicable statutes will be protected.
Stay tuned for further updates.
Legislative Committee Chairman