Currently viewing archive for January 2018
Posted January 30, 2018 in Education
By Robert Porambo
In 2018, employers across California saw the passage of the controversial Proposition 64, which legalizes the use of recreational marijuana.
This article analyzes its impact on employment law, including the ability to monitor existing employees and screen potential applicants.
Posted January 25, 2018 in Technology
By Jay Roll
The web based “Mobile Friendly” version of the App is slated for release in February. The Full App is slated for release in May or June of 2018. We are excited to offer this new technology to CALSPro members.
The App will be a valuable tool you can add to your process serving arsenal.
This feature utilizes the USPS Address Validation API. It queries the USPS system directly to validate an address entered.
This feature allows you to search codes with keywords and/or filter by category.
This feature calculates a witness fee based on State or Federal Fee and One-way Mileage.
The App will be released with the three features mentioned with more improvements to come! We will keep you posted with enhancements as they are rolled out.
We would like to thank the team at California Advocates Management Services for their hard work and dedication to this project. Their expertise and insight has been invaluable, and without them, the App simply would not exist!
Thank you CAMS!
Posted January 23, 2018 in Photocopy
By Tom Alkema, Ronsin
The Troubling Existence Of The ROIOver the past couple of years much has been discussed in the halls of CALSPro about the increase in the number of third party companies that are being hired to manage and release the records we seek to obtain for our clients. These hired companies are called by a few different names with release of information being the most common, or ROI.
We all have varying opinions about the place and role these ROI entities have taken as we are forced to deal with them while in the process of getting records. Within this spectrum of experiences some are finding the existence of the ROI company a nuisance while others are feeling that the existence of their very own business is being placed in jeopardy.
What I think most of us see as troubling is that, when hired by an attorney to obtain records, either by signed authorization or by subpoena, the existing laws appoint us as the one who should copy the records. When using a signed authorization, the point is clearly made in Evidence Code 1158 (b), (c) and when a subpoena has been issued in Code of Civil Procedures 2020.430 (e), and then over to Evidence Code 1560 (e).
I personally see a couple of options and approaches to the issue, both of which I hope all of us can unite around and enact so as to remain viable and to better serve our clients.
First, regardless of how records exist or how your client wants them produced, study up on the code sections above and hold the custodian and or ROI entity to the law, or as close to as possible. Demand an itemized receipt and do not pay for things that are not permitted by law. Educate your clients that these nickels and dimes they are paying are only increasing their bottom line costs. You and they are in the right — so hold your ground.
This first point is so crucial. Too many clients just authorize us to pay the illegal and excessive costs for expediency and are not understanding that paying a nickel more today becomes a dime tomorrow, then a quarter, and then a dollar. Lets all work to get our clients to say no to any more over charges.
Second, regardless of how you obtained the records, strive to add value to what you produce for your client. Here are some ways:
The quality and uniqueness of your product validates your existence and creates a reason for your client to use your services.
Be more than just a fulfillment center, be a resource that fights for your client and one that adds value to the delivered product.
May we all approach this issue in the same way and experience great successes this year.
Posted January 18, 2018 in Process Service
By Andrew Gowing
Knowing the basics of Service of Process is an essential starting point when looking at getting into the Service of Process field, starting your own Legal Support business, or training new employees to serve papers for your company.
Most legal documents can be served by anyone who is at least 18 years-old and not a party to the action. However, there are exceptions to this basic rule: Writs, ORAPS/OEXS, Pre Judgment Claims, a person that serves over 10 papers per year.
Also, it is important to note that a judge has no authority to issue a bench warrant if served by anyone other than a Sheriff, Registered Process Server or a person specially-appointed by the court.
If you are looking to serve papers for a living, it is essential that you become a Registered Process Server, so that you can serve every paper that comes your way.
The people that are exempt from registration, according to B&P 22350, are the following:
Generally, people that are exempt from registration cannot legally serve: Writs, Pre Judgment Claims, or ORAP’s (unless specially appointed by the Court). However, the California Sheriff may serve all documents.
If you are not a Registered Process Server or exempt from registration and you serve over 10 papers per year, you may be guilty of a misdemeanor.
For a more comprehensive understanding of how to serve papers correctly, please check out one of our upcoming CCPS Workshops:
Our next CCPS Workshop will be in San Jose on Saturday, January 27th.
CLICK HERE for all of the details and to register today!
We will be planning at least 5 to 6 more CCPS Workshops throughout the year, with our next one in the works for the spring time in the Southern California area.
Posted January 16, 2018 in Membership
Jay Roll is on the Board of Directors of CALSPro serving as the Technology and Website Committee Chair.
He was born and raised in Whittier, California and has lived in Southern California his entire life. He has been married to his wonderful wife for 7 years now. They don’t have children yet but are working on it. Their one baby is a dog named Bruno who is a German Shepard, Alaskan Malamute, Siberian Husky, Pug, Chihuahua, Australian Terrier mix (picture a German Shepard/Corgi mix).
Jay is an avid golfer and golfs as much as he possibly can without upsetting the Mrs! He is very competitive and loves any sports/games that challenge him to improve himself mentally or physically.
As far as professional experience, Jay began working with Janney and Janney Attorney Service in 1999 with zero knowledge of the industry but he quickly developed a love for the company and the industry.
His first assignment was picking up documents from clients in the Orange County area and filing those documents at the OC Central courthouse. After a year, he took over as the Court Manager at OC Central. Shortly after that, he was moved into the office full time as a Court service dispatcher.
After a few years of experience under his belt, Jay became the Court Services manager for their Orange County office. Orange County lead the way for electronic filing and he found this to be an opportunity to get involved with a new project. He was then appointed as the Director of Electronic Filing for Janney and Janney and was heavily involved with finding out a way to integrate the company with eFiling. They later became an Electronic Filing Service Provider with Orange County and then with several other courts in California.
Currently Jay finds himself working company-wide to streamline current processes in order to improve the client experience.
When asked what he enjoys most about his career, Jay said,
“I enjoy finding ways to improve our company as a whole. The past couple of years this has been my sole focus. I want us to run as efficiently as possible as we continue to adapt to our electronic environment.”
Jay has been a member of CALSPro for many years. He always admired the men and women who would dedicate so much time and energy to the profession. He never saw himself as one of them, feeling they were much more knowledgeable than he. After procrastinating running for the Board for a few years he finally decided it was time to apply himself and to learn as much as he could by joining the people he admired so much.
We asked Jay if he had the opportunity to have any other career, what would it be? Here’s what he said:
“That is an interesting question. I am not good enough to golf professionally, or to be a Pro at a Country club, but If given a chance I would try to accomplish just that. I am fascinated with the sport because it truly is a game that you are completely in charge of. All of your mistakes are your own, and only you can improve the outcome.”
Posted January 11, 2018 in Membership, Uncategorized
By Robert Porambo
Please be aware that the cold and flu season is here and we all need to be mindful so we don’t pass this around in the workplace. There are many actions we can take to help prevent spreading the cold and flu viruses at work.
Most important is to try and stay healthy outside of the workplace. Try to avoid contact with others that are sick so chances of getting a cold or flu decrease.
Posted January 9, 2018 in Membership
By Larry Kirlin, President CALSPro
Last month I wrote a blog article and eBlast that encourages our members not only to renew their own membership but to ask an employee or independent contractor to join the association. I say encourage, but in my mind I was pleading. We absolutely need more membership revenue for our organization to survive in its current form.
Anyone who knows me knows that I’m a car guy. As a car guy, I belong to a couple of car clubs. I don’t have to belong to attend the meetings and events. I choose to join because I realize that my membership dues are the source of revenue the club uses to pay for the meeting and events. If everyone decided just to attend for free, the events would disappear.
Me and my car
I not only attend the meetings and events, but I take the additional step to volunteer at the events in one form or another. Why? Because it is the right thing to do and it helps ensure the events I enjoy will continue.
Now I realize not everyone will join CALSPro and of those who do, only a percentage will give their time as a volunteer. Everyone’s heard of the 80/20 rule, right? I’m cool with that ratio. I don’t mind being in the 20% all the time.
I’ve been part of the industry since 1991. Over that time, I’ve seen many smaller companies disappear and a few large companies grow larger. I’m not a business scholar so I can’t explain why this happens. What I do know is it did happen. Does that mean it will continue until only large companies exist? Absolutely not. I think the big companies will focus on the big markets and marque clients and small companies will continue to thrive by filling boutique needs and intimate, personal contact with their clients.
So why should anyone join CALSPro today? For the same reason I joined my car clubs. Because you support what is important to you.
If your job and this industry are important to you, renew. If you want your business to grow and thrive, sign up an employee. If you see the value in our educational and legislative programs, encourage an IC to join.
I really mean you when I say this — not the 20%. I mean the 80% and the 20%. Everyone. We need 40-50 new members this year and the 20% can’t do it without you.
Posted January 4, 2018 in Membership
By Tony Klein
The California Judicial Council has made significant revisions to two enforcement of judgment forms:
There is also a new optional form:
This is now a 3-page form. Following is a quote from the Civil and Small Claims Committee Report to the Judicial Council recommending changes, and describes the reasons for change:
“The form was revised in three areas: (1) the boxes under the case number on the front, for identifying cases as limited or unlimited; (2) the reorganization of the monetary items (items 11 through 20); and (3) revision of item 24a regarding the possession of real property.”
The status of the form remains “Approved for Optional Use”.
Starting on page 9 of the report you can view changes that are highlighted.
The status of the form “Approved for Mandatory Use”.
This form cross-references partial payments, recoverable costs, and accrued interest that are periodically added or adjusted to a judgment and entered on the writ of execution form before it is issued.
This form is intended to guide the judgment creditor to properly calculate the proper way to apply credits for partial payments, costs, and accrued interest. Partial payments must be applied in the following order: accrued interest, then the judgment principal (which includes approved court fees after entry of the judgment).
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