Legislative Committee Update
Posted October 2, 2018 in Legislation
By Chad Barger
On August 27th, CALSPro’s bill AB 2286, was signed into law by Governor Brown. The bill amends CCP 1011b to expand the hours for service on a pro se party by leaving a copy with anyone, other than the party, at his or her residence between the hours of 8 AM and 8 PM. Effective January 1, 2019. This may be a small victory, but it’s a victory nonetheless.
Speaking of victories, the legislative team and our lobbyist were able to protect the process serving profession from Senate Bill 183. This bill was amended at the last minute and would cause a great deal of harm to the process serving industry. As proposed, the bill would clarify the power of judicial officers to prevent activities that threaten access to courthouses, including by protecting the privilege from arrest. The bill would provide that no person shall be subject to civil arrest or service of process while attending, or going to or from, a courthouse or court proceeding. The bill would provide that a person who knowingly executes or facilitates an arrest or service of process at a courthouse or court proceeding shall be liable for contempt of court, false imprisonment, or both. We vehemently opposed this bill and moved quickly to meet with the Senator Lara’s office. After several meetings, the author agreed to remove all language referring to service of process.
But wait, there’s more! The Coalition’s (CICA) Assembly Bill 1531 was also signed into law by the Governor. Effective January 1, 2019, the Bill provides that, where a represented party fails to remit payment to an (EFSP) electronic filing service provider, the electronic filing service provider may notify the clerk, and the clerk may notify the attorney of record that the attorney may be sanctioned for nonpayment of fees. The bill allows the court to sanction the attorney of record if the fees to the electronic service provider remain unpaid 20 days after notice by the clerk. The bill, in case of a duplicate payment by a party or an electronic filing service provider submitting a payment on behalf of a party, requires the court to issue any appropriate refund to the entity that made the most recent payment.
Looking back, I believe our legislative committee has lived up to its reputation to protect and preserve our profession. No, we didn’t have a huge victory like defeating previous mailing bills, but we were victorious with other attacks that would chip away at our industry. I’m excited about the future and what it holds. Yes, the times they are a changing, but opportunity is everywhere. Thank you for your support this past term and I look forward to seeing many of you at conference next month.