CALSPro - California Association of Legal Support Professionals

Our Own Mike Belote Makes Capitol Weekly’s Top 100 For 2018

Posted August 30, 2018 in Legislation

Attention CALSPro members,

It is our great pleasure to announce that CALSPro’s Legislative Advocate, Mike Belote, was recently named as one of Capitol Weekly’s Top 100 for 2018, an annual look at “people who aren’t elected to office but who wield decisive influence on California politics or policy — or both.”

Capitol Weekly is a publication that covers California’s government and politics and their Annual Top 100 List ranks California’s top unelected political power players, and Mike was ranked #57!  Capitol Weekly’s Top 100 recognizes individuals who devote their professional lives to fighting for – or against – issues of state politics and policy, including lobbyists, bureaucrats, activists, trade group leaders, Capitol staffers and journalists.  Here is the excerpt pertaining to Mike:

57. Mike Belote

Mike Belote is the President of California Advocates, Inc., one of California’s first contract lobbying firms and one of its most respected. The firm represents blue chip companies like Apple, Delta Airlines, Equifax, Coca-Cola, Monsanto, NRG and more, and dozens of associations in diverse areas such as real estate, health care, law, agriculture and others.  They also have a sizable presence in water — always a critical factor in California. A second division of the firm constitutes one of Sacramento’s largest association management operations. Belote’s philanthropic activities have supported Volunteers of America, the Public Legal Services Society at McGeorge School of Law, and My Sister’s House, an organization focused on domestic violence and trafficking in the Asian Pacific Islander community. The latter bestowed Mike with its 2017 “Civic Hero of Hope” award, presented to him by California’s Chief Justice, Tani Cantil-Sakauye. Full disclosure: Belote serves on the board of Open California, publisher of Capitol Weekly.

We are very thankful to have Mike as our advocate to fight any adverse legislation that comes our way. Congratulations Mike!

CALSPro Bill AB 2286 Is Working Its Way Through The Legislature

Posted May 3, 2018 in Legislation

By Chad Barger, Chairman, Legislative Committee

As reported in my last blog, our CALSPro bill, AB 2286, sponsored by state Assemblyman, Phillip Chen, R-55^th District, which amends the service hours for a CCP1011(b) is working its way through the legislature.  The proposed amendment is 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 7 AM to 9 PM.

The proposed amendment simply widens the window to effect serving notice to the pro se party by leaving the documents with someone else if he or she is not present. However, we have received push-back from the Assembly Judiciary on the expansion of the morning hours. We are working diligently to keep the bill alive. We will keep you updated on the bill’s progress.

In March, the committee met at CALSPro headquarters in Sacramento to discuss the topic of obstruction of justice. Several great ideas were presented, and we have begun to formulate the framework to add greater protection for California process servers, along with greater access to guarded/gated “Multiple commercial business complexes” and “Multiple residential buildings.” If you have ideas on this subject, please contact me.

Lastly, at our board of directors meeting in March, the committee was provided with the list of potential bills that could affect our profession.  As we pour over the proposed legislation, we encourage you to do the same. The link to active legislation can be found here:  https://www.calspro.org/members/. If you are logged into the CALSPro website, you will be able to bypass the login for our Client Access page; otherwise, you will need those login credentials.

Stay tuned for more legislative update in the months to come.

Legislative Committee Report

Posted December 21, 2017 in Legislation

by Chad Barger, Chairman

At the beginning of November, the Legislative committee began meeting to discuss a potential legislative agenda for 2018. After lengthy discussions, we narrowed our focus to the following items that were approved by the Board of Directors at the December 2^nd board meeting in San Jose, California:

• Obstruction of Justice ‐ Review existing statutes and/or begin to draft language to make it a crime for interfering or obstructing civil process — along with potential penalties.
• CRC 2.257(a) ‐ Develop language to allow eSignatures and how to affix an eSignature — along with the requirement to store the original signed document.
• Limited Liability Company ‐ Codifying a manner of service into the CCP 416 section for service of an LLC, perhaps grafting or cross‐referencing Corp. Code sec. 17701.16.
• CCP 1011(b) ‐ Expanding the hours of service on a person, other than a pro se party, at the litigant’s home, currently from 8 AM to 6 PM, and lengthening the hours from 7 AM to 9 PM

The Board also approved CALSPro’s membership for 2018 in the Coalition for Improving Court Access (CICA).  The coalition has been instrumental in addressing the issues with eFiling and eService since 2015 and we’re happy to have a seat at the table.

The committee is excited about the agenda and has already started working on several of the items.  I look forward to updating you on our progress in the months to come.

LinkedIn- What is it & how can it help me?

Posted July 1, 2014 in Education, Legislation, Membership

Social media is a great way to connect with clients and keep up to date on what everyone is up to. That being said, social media posts aren’t always the most professional & may contain more personal information than we want clients or potential employers to have access to. This is where LinkedIn comes in to play. It is the social media solution for business professionals. Linkedin is not the place you post about your cat, your political opinions or about the most amazing cheeseburger in the world. Linkedin is a place for professionals who want to advance their careers and/or their businesses to connect with each other. I recently had an amazing opportunity to attend a seminar given by Wayne Breitbarth (www.powerformula.net) where he gave some great insights of how to use this powerful tool to find business opportunities. If you are serious about fully utilizing LinkedIn, I recommend going to his website and checking out all of his resources. Here are some of the most important things you need to know:

Profile:

Think of your Linkedin profile as your online resume. This is where you can showcase what sets you apart and makes you specially qualified to work in the position you are seeking, or to work for the clients you are going after. The profile can/should be fluid and it can be tweaked to meet your current purposes. For example, if I’m trying to pick up an account that I know does primarily workers comp defense, I’m probably going to update my profile to talk about my experience with surveillance and maybe share some stories about catching people committing fraud, BEFORE I REACH OUT TO CONNECT. Another important thing to know is that the profile should be keyword rich. Unlike Google & most other search engines these days, the Linkedin search algorithm rewards the use of key words used again and again. The more you can work in those key words, the better. That being said, keep in mind that prospective employers/clients will be reading it as though it were your resume, so make sure that it reads well and that your use of key words doesn’t become obnoxious.

Connections:

Understanding how connections work is very important. There are 1^st level, 2^nd level, 3^rd level and 4^th level connections. 1^st level connections are people you are currently connected with, 2^nd level connections are connected with one of your current connections and so on. The closer you are to somebody, the more profile information you can see, and the easier it is to connect with them. The more shared connections you have with someone, the more likely they are to accept an invitation to connect. If there is someone really important you want to connect with, reach out to a mutual connection first and ask for an introduction. In the “real world” we all know this works great, but it also works online too; and that’s one of the most powerful things about LinkedIn. Think about who you might be able to connect with that might not be in your typical professional circle. It may be an old classmate, a neighbor or someone from church. You never know who might be able to put you in contact with that person, and that will make all the difference.

Now, before you go connecting with people like it’s Myspace in 2003, there is a caveat you need to consider. If you are connected with people who you would consider “competition”, then you could inadvertently be introducing your clients to your competition or at the very least, increasing the probability that they will connect. One of the wonderful things about CALSPro is that we work together as process serving and photocopy companies to help each other & I don’t want to minimize that; however it’s important to consider whom you want to connect with and if you would want them to see all of your other connections and everything you have posted on your profile. I personally connect with other private investigators and process serves & I have even hired several independent contractors because I found them using LinkedIn.

Groups:

On LinkedIn, it’s important to join groups for the same reason it’s important to join groups in “real life”; because it helps us meet people and expand our professional network. The key here is to think about what kind of people you would like to meet & join groups that they would belong to. If you want to meet attorneys, join bar association type groups. If you are trying to meet process servers, join one of the many process server groups. There is a limit of 50 groups that any one person can join, so join as many as you can up to that point. If you do join a bunch of groups, make sure to go in and change the email notification settings; otherwise you will be inundated with emails.

Joseph Jones
CALSPro Technology Committee Member

Bank of America – Notice of Change of Designated Centeralized Location

Posted May 9, 2014 in Education, Legislation, Membership

Bank of America, N.A.’s Notice of Change of Designated Centralized Location for Valid Service of Civil Levies and Other Legal Process (AB 2364)

Download Notice:

Internet Explorer Users Beware – Immanent Threat

Posted April 30, 2014 in Education, Legislation, Membership, Technology

As chairman of the technology it is my job to provide information and resources that enable CALSPro members and process servers to further educate themselves on all things technology.  These items can range from things that merely make our jobs simpler to the downright necessary. Well, this is one of those moments where you need to take note and pay attention because it down right necessary.

I come across many articles on a daily basis and I have to decide, is this the one?  Is this the kind of information that the membership cannot do without?  Eventually I do find the topic that I just have to pass on.  Such is the case with regard to “0day” (zero-day).

It has been discovered that Microsoft’s Internet Explorer (IE) is vulnerable to a massive security flaw that can harm your computer and network.  The warning comes from the United States Department of Homeland Security’s United States Computer Emergency Readiness Team (US-CERT) and is echoed by the UK National Computer Emergency Response Team.

US-CERT has the following message posted on its website is as follows:

“US-CERT is aware of active exploitation of a use-after-free vulnerability in Microsoft Internet Explorer. This vulnerability affects IE versions 6 through 11 and could allow unauthorized remote code execution.

US-CERT recommends that users and administrators review Microsoft Security Advisory 2963983 for mitigation actions and workarounds. Those who cannot follow Microsoft’s recommendations, such as Windows XP users, may consider employing an alternate browser.”

FireEye researchers have already said that a known gang of malicious hackers are already exploiting the previously unknown use-after-free vulnerability in targeted attacks per ARS Technica. The popular website also notes the following:

“The “zero-day” code-execution hole in IE versions 6 through 11 represents a significant threat to the Internet security because there is currently no fix for the underlying bug, which affects an estimated 26 percent of the total browser market. It’s also the first severe vulnerability to affect Windows XP users since Microsoft withdrew its support for the aging operating system earlier this month. Users who have the option of using an alternate browser should avoid all use of IE for the time being. Those who remain dependent on the Microsoft browser should immediately install EMET, Microsoft’s freely available toolkit that greatly extends the security of Windows systems.”

“Everybody should be moving off of it now. They should have done it months ago,” said Jeff Williams, director of security strategy with Dell SecureWorks.

It is my recommendation to you, as a concerned member of the association and as your Technology Chairman, that you immediately start using another internet browser until the Microsoft has completely resolved this issue.  Alternative internet browser that I would suggest switching to in order of best security features are:

1. Google’s Chrome  (https://www.google.com/intl/en/chrome/browser/)
2. Mozilla’s FireFox  (http://www.mozilla.org/en-US/firefox/new/)
3. Opera Software’s Opera  (http://www.opera.com/)
4. Apple’s Safari (can be used on PC also)  (http://support.apple.com/downloads/#safari)

(A list of alternative browsers can be found at:

http://internet-browser-review.toptenreviews.com/)

Please do not take these warnings lightly.  The potential risk or not taking action regarding these warnings could potentially cost you hundreds if not thousands of dollars. For additional information on “zero-day” and the security warnings please visit the following websites:

US Department of Homeland Security:  http://www.dhs.gov/

Reuters: http://www.reuters.com/article/2014/04/28/us-cybersecurity-microsoft-browser-idUSBREA3Q0PB20140428

FindLaw.com: http://blogs.findlaw.com/technologist/2014/04/security-warning-stop-using-internet-explorer.html#more

Kenneth Hastings
CALSPro Director & Technology Chair

UPDATE ON AB 2286

Posted April 29, 2014 in Legislation

UPDATE ON AB 2286

AB 2286 – This is a bill introduced by Assembly Member Wagner and sponsored by CALSPro. To quote the bill, “This law would remove oversight of the registration of process servers from the counties and place it within the State Bar of California.”

The bill was moving through the Assembly Judiciary Committee, with the first hearing scheduled for April 26, 2014. Unexpected and unanticipated opposition has recently been expressed by the California Supreme Court. After discussions with the court, CALSPro will be asking Assembly Member Wagner to withdraw the bill.

Discussions will continue within CALSPro regarding our registration with the possibility of new legislation being submitted in 2015.

More information will be available at the next CALSPro Board of Directors meeting, scheduled for June 21, 2014 in Sacramento.

Steven C. Janney
For the Legislative Committee

Superior Court of California – County of San Diego – Notice To Attorneys

Posted April 23, 2014 in Education, Membership

NEW, REVISED OR REPEALED FORMS FOR THE JUDICIAL COUNCIL AND SAN DIEGO SUPERIOR COURT

Attached is a list of new, revised or repealed Judicial Council and San Diego Superior Court forms which are now available for use. Court forms available on the Internet may be found at: www.sdcourt.ca.gov, and/or printed forms may be found at the San Diego Superior Court business offices as indicated.

Superior Court of California – County of Ventura – Notice To Attorneys

Posted April 22, 2014 in Conference, Education

NOTICE OF CHANGE OF SAME-DAY FILING DEADLINE FOR DOCUMENTS DEPOSITED IN COURT DROP BOX

Effective April 21, 2014

Pursuant to California Rule of Court 2.210(a), drop boxes are currently provided outside each Clerk’s Office for filing papers or submitting payments.

Effective Monday, April 21, 2014, the same-day filing deadline for any document deposited in the court’s drop boxes will no longer be 5:00 p.m. Instead, any document deposited in the boxes up to and including 4:30 p.m. on a court business day is deemed to have been deposited for filing on that day. Any document deposited in the court’s drop box on a judicial holiday, or after 4:30 p.m. is deemed to have been deposited for filing on the next court business day.

The End of an Era

Posted March 21, 2014 in Education, Legislation, Membership, Technology

An ever going part of process serving is the technology driving it and on April 8, 2014 Microsoft will end its support of the most successful operating system; Windows XP.  XP continues to be the most popular operating system that Microsoft has ever released, with nearly 1/3 of all computers in the world still using it.  Although XP will still continue to run on systems, process servers and photocopiers need to be aware of a few potential upcoming problems.

A main concern is the end of automatic updates, to include security updates.  With security updates no longer available, a PC which has access to or contains HIPPA (E-PHI) protect information might not be in compliance after 4/8/14.  Rule 164.308(a)(5)(ii)(B): “Protection from malicious software (Addressable).  Procedures for guarding against, detecting, and reporting malicious software.”  Although there is little definitive information on this, it appears that many in the healthcare fields are stating that XP systems (even 1 on the network) will no longer be in compliance after 4/8/14.

Another point to consider as 4/8/14 draws closer is what happens after Microsoft’s support ends. Many software vendors and hardware manufacturers will also stop supporting their programs and hardware.  Meaning that less and less software options and drivers will be available for use on XP systems.  More than likely any new software or hardware purchased will not be compatible with XP in the near future.

Now might be a good time to review your current operating systems and explore upgrading options.  Although XP will still continue to work, it might be better to plan ahead and avoid the above issues down the road.

Davis Best
Technology Committee Member