CALSPro - California Association of Legal Support Professionals

Words of Advice on Preventing and Dealing with Assault

Posted November 18, 2011 in Education, Membership

First, it must be made said that the Association does not provide representation in or out of court.  Instead, we hope to impart some advice to you all based on our experience.  Part of being a member of this Association is that you, like me, get to talk to people who have “been there, done that.”  Like most people who have been in this profession for any length of time have experienced those rare, scary events that make anyone’s heart beat faster.

A quick bit of advice before I proceed and I must confess that 25 years ago, I did not heed this advice (of course I had an excuse-I was not as wise then! J) and it got me into trouble sometimes.

• Don’t think you are always serving the bad guy.  Sometimes the person being served is the good guy.  Approach every serve with respect and friendliness but also firmness.
• Not everyone is evading service.  Contrary to a somewhat popular belief (Process Server Rule #1 “They are all evading!”), some people are just not home.  Don’t think otherwise until you have the facts.
• Don’t jump fences, go into backyards etc.  I’m guessing you would get slightly irritated if someone did that at your home or business.   I would.  The Penal Codes that allow some exceptions to trespass for members of our profession (P.C. 602 (n) and P.C. 602.8) do not allow trespass in all instances!
• Do your homework.  Know the law (start with reading and re-reading the Code Sections mentioned in this article), know the area, know the documents, know the parties if possible (it always is in Family Law or Unlawful Detainer cases), have good tools (GPS or maps, cell phone, camera, tape, etc.).
• If the situation gets out of control, or if you don’t like the look of it when you arrive, leave!  No serve is worth your safety.

Second, even if you do it all right, sometimes things happen.  After all, for the most part, people are not happy to see us.  If something does goes awry, then be sure to write a narrative of what happened; as soon as you can.  Events fresh in your mind are more likely to be remembered.   If law enforcement responded to the scene, then obtain the responding officer(s) name and badge number and report number (if one is available).

Keep in mind that Penal Codes 241 (Assault) and 243 (Battery) state that if a Registered Process
Server is assaulted or battered, the guilty party may be punished “by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by
both the fine and imprisonment.”  Of course, there are certain requirements (a.k.a. elements)
that must be met and the battery statute allows for even more severe penalties.  You can read
these code sections, as well as the trespass statutes mentioned above, in their entirety, at
www.leginfo.ca.gov/calaw.html.

You must be your own advocate throughout (including at the scene) this process.   Should you ask for citizen’s arrest?  Should you take pictures?  Should you get names of witnesses at the scene?  It depends!  For example, in one event recently related to me, the server asked to press charges but the officer told her that if she did, the subject probably would, and they would both go to jail.  She declined.  If officers do respond, stay calm and don’t raise your voice.  Your demeanor while talking to the officers will be perceived as your overall demeanor.  If you are a hothead, it will do you no good.  Worse, it will hurt your cause.

Perhaps you have other ideas.  I for one cannot comment or advise you on what you should do in any given situation and the Association would certainly want me to say that neither me, nor our officers, directors or any other member, are not advocating any particular response or advice.  Every situation is different and every company or person has their own ideas of how to respond to these issues, so if nothing else my hope is that this article will at a minimum generate some discussion with your boss, employees, contractors etc.  Be safe out there!

CALSPro Assault Advisor
Mark L. Schwartz
mschwartz@onelegal.com

San Francisco Court Update

Posted November 4, 2011 in Legislation, Membership

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.

Brett Peters
Legislative Committee Chairman

Bert Rosenthal Award Recipient

Posted November 4, 2011 in Conference, Membership

The Rosenthal Committee meets yearly (eight of us met in June) and in a rigorous, sometimes emotional process, nominates those who it feels have given the utmost of service and dedication in promoting and protecting our industry.  The committee consists of the current president, past presidents (who are still members) and all past recipients.

The first Bert Rosenthal Memorial Award was awarded to Bert himself, In Memoriam, in 1978.  Bert was one of the founding members of CALSPro and as such, is represented by one of the thirteen diamonds in the pin that hopefully will be presented to one of the below nominees at this year’s Conference.  In 1979, the tenth anniversary of our Association, his wife Dorothy wrote:  “During Bert’s initial years in the process serving industry, he dreamed of the time there would be an Association of Professional Process Servers.  Certainly his dream was realized, and gratefully, he did live to see its emergence as the prestigious organization that it is.  Bert truly loved the industry and he put so much of himself into it.  Were he here on this 10^th Anniversary, he would be so proud of all of the accomplishments of CAPPS.  For Bert, I can only say “Congratulations CAPPS for a job well done.”  Dorothy wrote those words over thirty years ago, yet they still ring true today, don’t you think?  Bert would be oh so proud of us, and what we have become, and I’m not referring just to the Association, but also to the individuals he befriended and mentored.  Today, due to the legacy of those individuals, and their legacy, Bert’s legacy is even more impressive.  Jerry Topolos summed it up nicely in his 1978 award speech.  He said:  “We are not only honoring a man.  We are honoring those who will be recipients in the future.  The Association has come along way, and we feel it’s about time the energies and contributions of certain members were recognized and recorded for posterity.”

The following individuals were nominated for this prestigious award:

Mike Belote

Robert DeFilippis

Steve Janney

John Perez

Brett Peters

At the banquet on Saturday night, September 23^rd, 2011, the award was presented to Steve Janney!  Here is a bit of information about Steve:

Steve was born into a “legal support service” family in 1951.  His dad, Jack Janney, was an early member of the Los Angeles process serving community (and was also a recipient of the Bert Rosenthal Memorial award).  Steve served his first paper on January 23, 1969, his 18^th birthday, when he finally conformed to the civil code of procedure by being “over the age of 18 and not a party to the action.”  No Business and Professions Code for process servers existed back then.

Steve graduated from high school in 1969 and Biola University in 1980.  He likes to say “I squeezed 4 years into 11.”  He graduated with a degree in Education and a minor in Theology.  After a year in graduate school, he joined his dad and brother Doug as the process manager of Janney & Janney Attorney Service.  In 1983 he married Dana Walker, and they have 3 children, Linda, Matt & Paul.

Steve has served in a variety of positions in CALSPro.  He was the newsletter editor, has served several terms on the board of directors, was elected twice as secretary-treasurer, chaired the Strategic Planning Committee and has served 3 terms as President of our association.

When asked about his life in the legal support industry, Steve said, “I think back over the past 40 years and I never would have imagined being where I am today.  After 40 years, I would describe myself as a blessed man.  I have had enough joy in my life not to be overwhelmed by sorrow, and enough sorrow to appreciate the joy.  I have a life filled with purpose for today and hope for tomorrow.   I have learned the difference between knowledge and wisdom, valuing the latter over the former.”

I was honored to present Steve the award in September.  Notably, he received the first CALSPro version of the trophy and pin, which was appropriate as it was Steve who guided our Association through that change.  Congratulations to Steve and his family!