Posted March 11, 2020 in Legislation
By Chad Barger, Legislative Chairman
This year has started off with a bang and your legislative team has been hard at work. Since January, over 2,200 pieces of legislation have been proposed to the legislature and again this year, CALSPro is included. The CALSPro proposed bill AB2251 would amend Penal Code 4013, to make it personal service on an inmate, when serving a sheriff, jailer or prison guard with a paper in a judicial proceeding. We still have a long way to go, but we’ve received good feedback, so far.
We’re also working to update the Civil Summons form (SUM-100). We’re proposing a switch to the configuration of the top of the summons, making it consistent with all of the other filings in the case to read Plaintiff vs. Defendant, not “Defendant, you are being sued by the Plaintiff.” We’re also requesting changes to the capacity notice to remove the check boxes for a defunct corporation, conservatee and authorized person. Replacing those boxes with business, form unknown and public entity. Along with adding an additional line to box 3, “On Behalf of (Specify).”
Lastly, with the implementation of the new rules regarding Independent Contractors taking effect this year. Process serving companies all over the state are scrambling to comply. Again, we will work to obtain an exemption for our industry which would revert us back to the “Borello” test, when classifying Independent Contractors. Several bills to amend or even repeal AB5 have been proposed. However, most, if not all, are likely to see defeat. With the re-election of State Assembly woman and author of AB5, Lorena Gonzalez, and the strong support she’s has from the Governor and labor, the State will continue to implement and enforce AB5.