CALSPro - California Association of Legal Support Professionals

Have You Downloaded The CALSPro App Yet?

Posted June 26, 2019 in Technology

As a member of CALSPro you have exclusive access to our mobile app.  The mobile app has several features including Address Validation, Code Search, Witness Fee Calculator, and Process Serving Guidelines. The app was designed with the process server in mind to keep you in the know and on the go!

The Address Validation tool utilizes the United States Postal Service application interface to validate US addresses.

The Witness Fee Calculator tool has two options. It calculates one-way mileage based on State or Federal fees. It also calculates mileage between two addresses, zip codes, or partial addresses.

 The Process Serving Guidelines references CALSPro guidelines for quick on the go access.

The app is free to download. Search for CALSPro in the app store or the google play store to download the app today! What are you waiting for?

eService Due Diligence

Posted June 19, 2019 in Process Service

By Samantha Cole

Service of process is an important part of the legal system because it makes all relevant parties aware of legal proceedings. While the best way to serve will always involve face-to-face interaction, the growing prevalence of social media makes digital service more practical. Whether it’s email, any form of social media, or texting, here’s everything a process server might need to know about eService and whether it might be a viable option for your case.

A Brief History of eService

While some courts are still hesitant to allow eService, it has successfully been used in numerous cases in the recent past. The first case involving service via email was Broadfoot v. Diaz in which a bankruptcy trustee could not effectuate service because the defendant, a former officer of the debtor corporation, often traveled throughout Europe. After proving the email address was reliable, the Bankruptcy Court decided that service of process by email is authorized by Federal Rule of Civil Procedure 4(f)(3) and qualifies as due process. This case was closely followed by Rio Properties, Inc. v. Rio International Interlink in which the Ninth Circuit Court of Appeals upheld the use of email service on an entity in Costa Rica, heralding the more accepted use of email to serve foreign defendants. Social media, however, wasn’t used as a viable means of service until the 2011 case Mpafe v. Mpafe in which a Minnesota family court authorized the use of “Facebook, Myspace or any other social networking site” in order to serve an elusive defendant. The use of text messages as service came even later in a 2015 case. Learn more about the history of eService and the cases that have made electronic service viable in this list of electronic service of process.

How to eServe the Right Way

Courts are generally still hesitant to allow digital means of service because of the challenges involved, but with server due diligence it could still be an effective option. Here are the things to keep in mind when considering eService for your case.

Check in with your Clients

Everyone involved in the case must be on board with using electronic service of process. This, most importantly, includes the judge but you also need to get your clients’ consent. Not only is their permission required but their cooperation is also vital in obtaining the information you need to make the serve valid. They will most likely be the source from which you get relevant email addresses, phone numbers, and profiles and have likely used these methods to communicate with the defendant previously.

Only Under Court Direction

Before sending anything using social media, text, or email, make sure you have the direct and clear permission from the judge presiding over the case. Without this, your serve will likely be considered invalid.  

A Last Resort

In order to gain the trust of the court, you must prove that all conventional means of service were tried and failed. This means you tried with the best of your ability to find a current physical address for personal or mailed service and have reasonably eliminated publication as a viable option. Without substantial effort put into these more typical methods, the court will not consider electronic methods. Social media will also rarely be the only method of service and often used in addition to these more traditional methods.

Prove Method and Identity

In addition to eliminating other methods of service, you must prove that the defendant actually uses the email or social media account and that the accounts actually belong to them. This can be done by showing previous interactions between the defendant and your client via the methods you intend to use, such as an email account or text messages. You can also show a person uses a social media account by showing their recent posts and “likes.”  Ultimately, you need to prove to the court that the defendant is familiar with the means of service and that they use it on a regular basis.

Proof of Service

If you are able to get electronic service approved, you must then prove that the service was actually received by the defendant. You can expect the same level of due diligence as you would with a more traditional method of service, such as personal or mailing, or maybe even more as many courts still have reservations regarding eService. Remember that a screenshot is often not sufficient. Securely capture and store HTML and metadata for each attempt. Thoroughness may also include attempting service via all channels that are available to you, meaning communicating through multiple social media profiles as well as email. Successful eService also includes documentation that a message was received and opened. Certain online services can aid in this by tracking the receipt and opening of emails.

eService Challenges

Though there is a lot of potential that goes along with using eService, there are also a variety of problematic aspects to keep in mind when taking this route.

With social media, there’s always the possibility that the profile is fraudulent or inaccurate. Facebook doesn’t permit fake profiles but they also don’t pre-screen their profiles. There also might be multiple profiles with the same name. These hurdles require in-depth research to ensure the profile is accurate and actually belongs to the defendant.

Email also has a couple of common issues. Defendants often claim that the service email went straight to their spam folder or they neglected to open it because they didn’t recognize the sender. This claim is usually easily addressed if the plaintiff maintained email communication with the defendant previously. And while the defendant could reasonably still delete the email, deleting the email would actually validate that they saw and acted on the summons, validating the serve.

In a world where you’re significantly more likely to get a text or a like on your post than a phone call, service of process by electronic means makes more and more sense. While courts are still wary of using it in every case, it may be the solution you need to serve a flighty defendant. Just make sure you do your due diligence to make sure your eService is valid in a court of law.  

Together Towards Tomorrow – Join Us At CALSPro’s Annual Conference October 4-6, 2019

Posted June 12, 2019 in Conference

We are just a few months away from conference and we are excited to announce that this year’s conference will be held at the beautiful Renaissance Newport Beach Hotel. The hotel is just a few miles from Fashion Island, a hop skip and jump from Disneyland and Knotts Berry Farm, so bring the whole family and enjoy sunny Southern California and all it has to offer.

We will start Friday off with the Jack C. Janney Memorial Golf Tournament. For those not playing golf, we are looking for something fun for you to do as well, so stay tuned.  Enjoy live music and cocktails during our Friday evening cocktail reception. Afterwards we plan to head across the street to Classic Q for some fun. Classic Q has pool tables, dart boards and tables for us to gather around and catch up.

This year’s main guest speaker will be Amber S. Healy of Atkinson, Andelson, Loya, Ruud & Romo. Amber will bring us up to date on the Dynamex decision and how it will affect our industry. This is a topic you won’t want to miss. Our other speakers will be industry related, Tristar Computer Solutions, Legal Connect, Process Server’s Toolbox, ServeNow and more.

This year will be our second year that elections will be done online. If you, or a member you know, are interested in running for the Board, submit your information when the nomination email is sent out. CALSPro can only continue to grow and prosper with new faces and fresh ideas.

Mark your calendar now and make your plans to join us October 4-6 in sunny Southern California.  This will be a conference you won’t soon forget!

Come To The Next CCPS Workshop In San Diego And Stay For The Baseball Game

Posted June 5, 2019 in Process Service

Our next CCPS workshop and exam is scheduled for Saturday, June 8th in San Diego. Our workshops feature a comprehensive study of the primary California process serving codes. If you havent already, register now to join us!

 WORKSHOP & EXAM:

WHEN: Saturday, June 8th, 2019

TIME: 9:30am – 4:00pm

WHERE:  655 West Broadway, Suite 1700

San Diego, CA 92101

REGISTER HERE

Stay and join us Saturday evening as the Padres take on the Nationals at Petco Park in downtown San Diego. Several CALSPro members and officers will be sitting in section FB113 rows 37 and 38. Stop by and enjoy the game with CALSPro. We welcome the opportunity to enjoy America’s favorite pastime with you!