CALSPro - California Association of Legal Support Professionals

Legislative Committee Update

Posted July 10, 2018 in Legislation

By Chad Barger

CALSPro bill, AB 2286

Sponsored by state Assemblyman, Phillip Chen, R-55^th District, which amends the service hours for a CCP1011(b) is still working its way through the legislature, but is expected to be signed by the Governor soon.  After negotiations with the Senate and Assembly judiciary, we agreed to the hours of 8 AM to 8 PM.  This is an improvement over the current hours of 9 AM to 6 PM and will give process servers additional time to complete this type of service.

Dynamex, Dynamex, Dynamex!

Since the California Supreme Court decision and our recent blogs, blasts and newsletters, I’ve received numerous calls from concerned members.  This has become one of the biggest issues we’ve faced in recent years regarding independent contractors.  If you’re unfamiliar with the case, you can navigate to the Blog we published to our site by clicking here.  We’ve also secured Amber S. Healy from Atkinson, Andelson, Loya, Ruud & Romp as a special speaker at our 50^th conference to discuss this in depth and help guide our members through this difficult time.  Please join the discussion by attending conference this year in Sacramento from October 5-7, 2018.

Greater Access

Lastly, the committee is moving forward with our plans to create greater access to guarded/gated multiple commercial business complexes and multiple residential buildings. We’re always looking for member feedback and ideas.  If you have something you’d like us to address, or to voice any concerns you may have, please contact me at cbarger@attorneyscertified.com to discuss.

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

CALSPro’s 50th Conference To Discuss The Hottest Topic In Recent History – The Dynamex Decision

Posted July 5, 2018 in Conference

By Jay Roll

We are more than half way through the calendar year and your Conference committee has been hard at work. Our 50^th Conference is shaping up to be a spectacular one! Please join us this year to discuss this year’s hottest topic facing our entire industry today. We are urging our members to attend this year’s conference to partake in the discussion/direction that may have a huge impact on our profession. In case you haven’t heard, there is big news in the California Supreme Court regarding their decision on April 30th, 2018, in the case of Dynamex Operations West, Inc. v. Superior Court regarding independent contractors. The court issued a ruling that makes it much more difficult for companies to classify workers as independent contractors.

Amber S. Healy from Atkinson, Andelson, Loya, Ruud & Romo, A Professional Law Corporation will join us to discuss the pressing issues businesses will face in the wake of the Dynamex decision. Amber Healy is a litigator with extensive experience litigating class actions and complex business matters in state and federal courts throughout California. Her practice focuses on the defense of employers and management in class action, multi-plaintiff, and single-plaintiff lawsuits. She has particular expertise in the area of wage and hour class actions alleging claims for off-the-clock work, unpaid wages, unpaid overtime, and missed meal and rest periods. Ms. Healy has litigated novel issues in both class actions and representative actions brought under California Labor Code’s Private Attorneys General Act before the Ninth Circuit Court of Appeals and the California Court of Appeal.

Though Ms. Healy now focuses her practice on the defense of class litigation matters on behalf of employers, she spent several years representing plaintiffs in class litigation, successfully representing classes ranging from 50 members to over 100,000 members and securing numerous class settlements exceeding a total recovery of $50 million. With her plaintiff-side background, she brings a unique perspective to the cases she handles.

We look forward to seeing you this year in Sacramento to join the discussion. This year’s 50^th is one Conference that you won’t want to miss!

Our Newest CALSPro Members!

Posted May 24, 2018 in Membership

We would like to send out a very special thank you to our new members who just joined this year. We truly appreciate and value your membership. If you need work done in their respective areas, please reach out to them using the Legal Support Professionals Quote tool.

Thank you new members for joining CALSPro!!

New Active Members

Michael Netherby           
Alpine Copy Service, Truckee, CA

Kerri Tillman
Legal Document Specialist, Inc., Palm Springs, CA

Dave Thomas
Ronsin Litigation Support Services, Walnut, CA

Dan Mora
Gemini Legal, Rocklin, CA

Jorge Rivera
KNR Attorney Service, Los Angeles, CA

Sonia Romero
Hasting Professional Process Servers, Temecula, CA

Vickie Cole
Ronsin Litigation Support Services, Walnut, CA

Jackie Corrales
Class Action Research, Penryn, CA

Angela Amavisca
First Legal, Fresno, CA

Jackie Janney-Kilgore
Janney & Janney Legal Support Service, Santa Ana, CA

Margarita Abeshyan
Janney & Janney Legal Support Service, Los Angeles, CA

Heather Selch
First Legal, Sacramento, CA

Mary Butler
First Legal, Redding, CA

Juan Cruz
First Legal, San Francisco, CA

Connie Bettencourt
iServe Legal Support, Manteca, CA

Angela Jones
Legal Document & Assistants, Sacramento, CA

Christopher Cole
Pike Photocopy, Inc., Culver City, CA

Irene Ramirez
Desert Legal Services, El Centro, CA

Oscar De Pineres
Hunt Group, San Diego, CA

New Associate Members

Bryan Blair
First Legal, Phoenix, AZ

Phil Pavarini
Cleveland Service Agency, Inc., Cleveland, OH

Christy Albin
Lady Of The Lake Process Servers & Mobile, Eugene, OR

Chris Daum
First Legal, Henderson, NV

Jason Brown
Urban Spy, Phoenix, AZ

Larry Herman
First Legal, Tuscon, AZ

Mike Walrod
HPS Process Service & Investigations, Kansas City, MO

Alexandra Snipes
Battle Born Process Service, Reno, NV

Sean Segel
S & W Process Service, Tampa, FL

Matt Gilmore
APK Legal Services, Lincoln, NE

Wendy Kelley
Kelley Servers, Neosho, MO

Andrew Webster
Puget Sound Process, Renton, WA

Destinee Serdinia
Howdy & Aloha Process, Boerne, TX

Joshua Miller
The Chase Agency LLC, Avoca, NY

Kathy Burrow
Central Texas Litigation Support Services, Inc., Waco, TX

Ron Grossberg
Palmetto Legal Gophers, Columbia, SC

New Independent Contractor Members

Kimberly Lutjen – Petty
Kimberly Lutjen Process Service, Campbell, CA

Buzz Kurzon
Attorney Services of Antelope Valley, Palmdale, CA

Greg Cole
Right Away Legal Services, San Diego, CA

Josh Watson
Commercial Process Serving, Inc., San Luis Obispo, CA

Ivan Bernal
Serv’n U Process Serving, San Diego, CA

Ericka Patterson
Palo Cedro, CA

Maghen Ward
Wards Investigations & Legal Services, Santa Rosa, CA

Dannylle Koontz
Priority Processing Serving & Legal Courier, Los Gatos, CA

Michelle Ames
Ames Litigation Services, Stockton, CA

Renee Tyson
Judy’s Roadrunners Attorney Service, Alta Loma, CA

Bruce McCain
JBM Process Services, Valencia, CA

Martin Basaldua
Ventura, CA

California Supreme Court Ruling And How It Impacts Our Industry

Posted May 22, 2018 in Legislation

By Chad Barger

In case you haven’t heard, there is big news in the California Supreme Court regarding their decision on April 30th, 2018, in the case of Dynamex Operations West, Inc. v. Superior Court regarding independent contractors. The court issued a ruling that makes it much more difficult for companies to classify workers as independent contractors. The previous standard used for classifying workers as employees or independent contractors had been in place since the 1980’s and was based upon a multifactor test that considered, among other factors, the worker’s abilities, the method of payment, and the level of control exercised over the worker.

The new standard adopted by the Supreme Court requires businesses to establish three factors to properly classify a worker as an independent contractor, otherwise known as “the ABC test.”This decision greatly expands the definition of “employee” under California law:

1. The worker is free from the control and direction of the hirer in connection with the performance of the work, both under contract for the performance of such work and in fact; and
2. The worker performs work that is outside the usual course of the hiring entity’s business; and
3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed by the hiring entity.

So, what was the change that affected us?

Section “B” was changed to read:

B. The worker performs work that is outside the usual course of the hiring entity’s business. Meaning, that to be deemed an independent contractor, the “IC” cannot perform the same services the hiring entity does. So, if you’re a process serving company and you use independent contractors to serve your process, you must now classify them as employees.

Per the Court’s ruling, workers in California are presumed to be employees and, therefore, are accorded the myriad of protections they enjoy, and it’s the employer’s burden to satisfy the three “ABC” factors to lawfully classify the worker as an independent contractor instead of an employee. The court’s example stated that a plumber hired by a retail store to repair a bathroom leak is not performing work that is part of the store’s usual business and would, therefore, be considered an independent contractor of that store. However, seamstresses sewing at home using materials provided by a clothing manufacturer would probably be considered employees of the manufacturer. If a worker should properly be classified as an employee, the employer bears the responsibility for paying federal Social Security and payroll taxes, unemployment insurances taxes and state employment taxes, providing workers’ compensation insurance, and complying with federal and California regulations governing the wages, hours, and working conditions of employees.

If you haven’t already done so, I would recommend all businesses consult with legal counsel to determine your path forward. These are new and crazy times in California, but you can always rely on CALSPro to provide you with the issues that matter to you. To borrow a phrase from my local news channel, “We report, you decide.”

SEE RULING

Come Join Us In Sacramento

Posted May 10, 2018 in Conference

By Mark Manchester, Conference Committee Chair

We are more than halfway there, and time is flying. Before you know it, it will be time for our 50-Year Celebration and Conference. This year’s conference will be at the Embassy Suites in Sacramento’s beautiful Riverfront Promenade.

We are just five months away from conference, and this is one you won’t want to miss. We will start our Friday with the Jack C. Janney Memorial Golf Tournament, and a Capital Tour, then at 5pm we are delighted to announce the Chief Justice of the California Supreme Court, The Honorable Tani Cantil-Sakauye, will attend and speak at our opening reception and cocktail mixer. She is the 28^th Chief Justice of the State of California and the second woman to serve as the State’s Chief Justice. Then later that night, we will be playing poker or bingo.

This year’s main guest speaker will be Stephanie Chandler, she is the author of nine books, including, Own Your Niche: Hype-Free Internet Marketing Tactics to Establish Authority in Your Field and Promote Your Service-Based Business. There is no need to wonder how to build your online presence to increase exposure, Stephanie will teach us how to identify and attract your ideal audience online and optimize your website.

Saturday we will continue with our Annual Business Meeting, educational speakers, history spotlights, and 4 raffles. After the Saturday night banquet, we will be dancing the night away, so bring your dancing shoes.

This will be the first year our election of officers will be done online prior to conference. The new policy will be out soon, so stay tuned. This new policy will allow more members the opportunity to get involved and share their knowledge.

We are still busy planning and putting the schedule together, it should all be ironed out soon. This won’t be like any Annual Conference you have ever attended, so please help us get the word out.

I look forward to seeing you all in Sacramento!

Mark Your Calendar – A CCPS Workshop Is Coming To Bakersfield In May

Posted May 1, 2018 in Education

CALSPro is dedicated to the education of Process Servers statewide. Educate yourselves and your process servers by attending one of our workshops this year. Our workshops feature a comprehensive study of the primary California process serving codes. We had a successful workshop recently in Los Angeles that sold out. Space is often limited, so please reserve your spot early!

Our next CCPS workshop and exam is scheduled for Saturday, May 19^th. Light snacks will be provided. In addition to the standard workshop, this seminar will include a portion dedicated to the beginning or inexperienced process server.

Upcoming Dates:

May 19, 2018                             Bakersfield – REGISTER HERE

June 30, 2018                             Riverside

August 25, 2018                         Santa Ana

October 7, 2018                         Sacramento (Conference)

Unable to attend in person? Join us online! CALSPro is now offering our informative and resourceful workshop online. The very first CCPS Online Webinar will be offered in conjunction with our workshop in Bakersfield, on Saturday, May 19^th.  REGISTER HERE. Space for the Webinar will be limited.

Now Offering The First CCPS Online Webinar

Posted April 17, 2018 in Process Service

By Andrew Gowing

Your Continuing Education Committee has been hard at work planning and arranging the upcoming CCPS Workshops in your area. You can always check the CALSPro website for our upcoming events. We just held another successful workshop in LA that sold out, and we added two new members to CALSPro as an added bonus.

Listed below are your upcoming CCPS Workshops. In addition to the listed workshops, we are working on the details for two more to be offered in Chico and Marin County. Once the details are finalized, we will announce the dates and locations.

• Saturday, May 19^th in Bakersfield (Webinar Option Offered) – REGISTER HERE

• Saturday, June 30^th in Riverside

• Saturday, August 25^th in Santa Ana (Orange County)

• Sunday, October 7^th in Sacramento (Conference)

As you can see above, CALSPro is also now planning to offer a Webinar option for its members to be able to attend the CCPS Workshop online! The very first CCPS Online Webinar will be offered in conjunction with our workshop in Bakersfield, on Saturday, May 19^th.  REGISTER HERE. Space for the Webinar will be limited.

Lastly, the Continuing Education Committee has been working diligently to update all information and CCPS materials for the new year, as well as updating the look and feel of the CCPS Presentation. Below is a small snapshot of the previous version of the presentation next to the new version. We would encourage you to register for the next upcoming CCPS Workshop in your area to experience the fresh new look and feel of the CCPS Workshop, and more importantly, to stay educated and informed on the changes in how you serve process in California.

Congratulations To One Of Our Own!

Posted April 10, 2018 in Process Service

Andy Estin was honored this year at the Florida Association of Professional Process Servers Annual Conference with the FAPPS Distinguished Service Award.

Andy was the first person not a member of the Florida Association to be so honored. The Distinguished Service Award is Florida’s equivalent of CALSPro’s Rosenthal Award.

Andy’s dedication to our industry is second to none, and we are thankful for his continued effort, knowledge, and time invested with CALSPro and its future. Congratulations Andy!

CALSPro 50th Conference Anniversary Lookback: What Happened In CALSPro During Its First Decade?

Posted April 5, 2018 in Conference

By Andy Estin

Who are the six current members of CALSPro who joined in the 1970’s?

• 1970: Connie Melvin-Quigley, Jerry Topolos, and Andy Estin
• 1975: Tom Bowman
• 1976: Tony Klein
• 1978: Michele Dawn

What were our legislative battles in the 1970’s?

1971

AB 2809 created Registered Process Servers. From this foundation the phrase “Registered Process Server” now appears in 29 California Codes.

AB 1400. This was a 105-page long bill. Back then, we could not do computer key word searches, so we had to read every word of every bill that might affect us. The bill was intended to be a merger of the Marshalls and Sheriffs in California. It specified a division of duties between them. On Page 95 of the bill, it stated that all civil process in California would be served by the Marshalls. When we spotted this problem, the author put in an amendment that nothing in the bill would be construed to limit the service of civil process by private process servers.

1972

SB 252 & SB 253. These bills would have allowed Registered Process Servers to serve Orders for Examination of Judgment Debtors without the need to be specially appointed in each case. The bills failed to pass but in 1973 we got this into law.

We tried to make it a felony to assault a process server. We were not successful. In 1983, we succeeded in adding process servers to Penal Code 241 & 242. These codes deal with assault and battery on peace officers. By adding process servers to these codes, we got the exact same protection and penalties as peace offices.

Note: The last two items are examples of CALSPro not giving up when a law we wanted, failed to pass. We kept trying and eventually succeeded.

1973

AB 1528. This was our first mailing bill. It provided for service of a Summons & Complaint by 1st class mail. With Dick Green as our legislative chair, Andy Estin as our witness, and our first Lobbyist Darrell McConnell, all working together, we defeated this bill.

1975

SB 73. This bill authorized service of subpoenas by 1st class mail. We defeated it.

AB 1914. This bill would have raised the statutory fees for service of process charged by the Marshall and Sheriff from $3.00 per paper and $.50 per mile to $5.00 per paper and $1.00 per mile. We supported the bill since many of our members charged the same rates to their clients. It passed the legislature but was vetoed by Governor Brown in favor of SB 953. (See next item.)

SB 953. This bill created a flat rate fee of $8.50 for service of process.

1975-1976

AB 1702. This bill allowed all costs of a Registered Process Server to be recoverable, including locating, serving, and stakeout, if necessary.

1977-1978

AB 167. This bill would have authorized service of a Summons & Complaint by Registered Mail. We defeated it.

SB 1564. This bill authorized Registered Process Servers to serve certain Writs of Execution.

AB 2531. This bill added Evidence Code 647 that gives a proof of service of a Registered Process Server, a presumption that the facts in the proof are correct.

AB 1898. Would have increased the statutory fee for service of process from $8.50 to $19.00. The bill failed.

1979

AB 205. Would have increased the statutory fee for service of process from $8.50 to $14.00. The bill failed.

SB 1086. This bill allowed the service of criminal subpoenas by mail, with an acknowledgment of receipt. The bill passed.

We had a very good first decade. We created the term “Registered Process Server” and defeated three mailing bills. We got more business for our members by getting to serve Writs of Execution and ORAP or OEX services. We got process servers better protection in the Penal Code and got a bill passed that made their costs recoverable. We created a presumption that the facts in the Registered Process Servers proof of service were true.

The Next Decade. What happened in 1979:

• Michael Buter was awarded the Bert Rosenthal Memorial Award
• Gas per gallon was 86 cents, up from 35 cents in 1969
• First-class Postage Stamp: $0.15, up from $0.06 in 1969

A Message From Our Advertising Committee…

Posted February 27, 2018 in Marketing

By Robert Porambo

We are always on the lookout for new vendors or service providers to join CALSPro.  We have several great companies that are currently vendor members and support our great association.  If you know of a company that might be interested in joining CALSPro, please forward me their contact information at your earliest convenience or simply share this blog post with them.

Also, now is a great time to purchase your enhanced web listing for a reasonable price of $100.00 per year.  This is an excellent avenue to advertise your company and help grow your business.

Click HERE to get started

And, thank you to our current vendor members:

Yergey Insurance

Blue Bird Office Supplies

Servenow.com

LegalConnect