Bill Text: CA AB285 | 2015-2016 | Regular Session | Chaptered
Bill Title: Professions and vocations: registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-09-21 - Chaptered by Secretary of State - Chapter 295, Statutes of 2015. [AB285 Detail]
Download: California-2015-AB285-Chaptered.html
BILL NUMBER: AB 285 CHAPTERED
BILL TEXT
CHAPTER 295
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2015
APPROVED BY GOVERNOR SEPTEMBER 21, 2015
PASSED THE SENATE AUGUST 27, 2015
PASSED THE ASSEMBLY AUGUST 31, 2015
AMENDED IN SENATE JULY 2, 2015
AMENDED IN SENATE JUNE 29, 2015
AMENDED IN SENATE JUNE 19, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gallagher
FEBRUARY 11, 2015
An act to amend Sections 6400, 6402, 6403, 6404, 6405, 6406, 6407,
6408, 6410, 6410.5, 22355, and 22457 of, to add Sections 6401.7,
6402.2, and 6409.1 to, and to repeal Chapter 5.5 (commencing with
Section 6400) of Division 3 of, the Business and Professions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 285, Gallagher. Professions and vocations: registration.
(1) Existing law defines and regulates the activities of legal
document assistants and unlawful detainer assistants, as those terms
are defined. Existing law requires a legal document assistant or
unlawful detainer assistant to be registered in the county in which
his or her principal place of business is located, which is deemed
the primary place of registration, and in any other county in which
he or she performs acts for which registration is required, which is
deemed a secondary place of registration. A violation of this
requirement is a misdemeanor. Existing law prohibits a legal document
assistant from providing self-help service, as defined, for
compensation unless he or she is registered in the county in which
his or her principal place of business is located and in any other
county in which he or she performs acts for which registration is
required. Existing law requires a county clerk to, among other
things, issue an identification card to each registered legal
document assistant and unlawful detainer assistant.
This bill would delete the requirement that a legal document
assistant or an unlawful detainer assistant be registered in any
other county in which he or she performs acts for which registration
is required. The bill would also specify that a legal document
assistant registered in the county in which his or her principal
place of business is located and in which he or she maintains a
branch office may provide self-help services in any part of this
state. The bill would also delete references to primary and secondary
places of registration.
(2) Existing law requires an applicant for registration as a legal
document assistant to meet specified educational requirements.
Existing law requires the county clerk to, among other things, return
an application and fee to an applicant, along with notice indicating
the reason for the denial and the method of appeal, if the clerk
finds that the applicant has not complied with the educational
requirements for registration as a legal document assistant.
This bill would additionally require an applicant for renewal of
registration as a legal document assistant or unlawful detainer
assistant to complete 15 hours of continuing legal education courses
that meet specified requirements relating to attorneys during the
2-year period preceding renewal. The bill would require the applicant
to state on his or her application for renewal, under penalty of
perjury, that the applicant has completed the required continuing
legal education courses. The bill would require the county clerk to
return an application and fee to an applicant for renewal who fails
to comply with this requirement.
By revising the duties of county clerks with respect to the
renewal of registration of legal document assistants and unlawful
detainer assistants, and by expanding the scope of the crime of
perjury, this bill would impose a state-mandated local program.
(3) Existing law provides for the renewal of registration of a
legal document assistant or unlawful detainer assistant and requires
the county clerk to assign the same registration number to a legal
document assistant or an unlawful detainer assistant renewing his or
her registration provided that there is no lapse in the period of
registration.
Existing law defines and regulates the activities of process
servers and professional photocopiers, as those terms are defined,
including requiring a process server or professional photocopier to
be registered, as specified. Existing law provides for the renewal of
registration under these provisions and requires the county clerk to
assign the same registration number to a process server or
professional photocopier renewing his or her registration provided
that there is no lapse in the period of registration.
This bill would instead require the county clerk to assign the
same registration number to a registrant in any of the
above-described professions, provided that the applicant is renewing
registration in the same county in which he or she was previously
registered and there is no lapse of three years or more in the period
of registration.
By changing the process by which county clerks renew registration
of legal document assistants, unlawful detainer assistants, process
servers, and professional photocopiers, this bill would impose a
state-mandated local program.
(4) Existing law requires a registered legal document assistant or
unlawful detainer assistant to include his or her name, business
address, telephone number, registration number, expiration date of
the registration, and county of registration in any solicitation or
advertisement, and on any papers or documents prepared or used by the
registrant. A violation of this requirement is a misdemeanor.
This bill would delete the requirement that the expiration date of
the registration appear on any papers or documents prepared or used
by the registrant. The bill would also require the legal document
assistant or unlawful detainer assistant to include his or her name,
business address, telephone number, registration number, expiration
date of the registration, and county of registration on a written
contract for services required to be provided to a client, on any
Internet Web site maintained by the registrant, and in any
solicitation, advertisement, document, or correspondence prepared or
used by the registrant in electronic form.
By changing the scope of a crime, this bill would impose a
state-mandated local program.
(5) Existing law prescribes the proper county of venue in civil
actions.
This bill, notwithstanding any other law, would provide that the
proper venue in an action between a legal document assistant or
unlawful detainer assistant and his or her client is the county in
which the client has his or her primary residence. The bill would
require a written contract entered into on or after January 1, 2016,
between the legal document assistant or unlawful detainer assistant
and his or her client to include a statement to this effect and would
make a contract voidable at the client's option for failure to
comply with this requirement.
(6) Existing law requires a legal document assistant or unlawful
detainer assistant to make specified statements to a prospective
client at the first in-person or telephonic solicitation indicating
that he or she is not a lawyer. Existing law requires the legal
document assistant or unlawful detainer assistant to make similar
statements if the prospective client initiates the first contact and
authorizes the legal document assistant or unlawful detainer
assistant to have the prospective client read and sign a "Notice to
Consumer" indicating that the legal document assistant or unlawful
detainer assistant has provided this information.
This bill would recast these provisions and require a legal
document assistant or unlawful detainer assistant to provide this
information at the first contact with the prospective client,
regardless of which party initiates. The bill would also require the
legal document assistant or unlawful detainer assistant to provide
the "Notice to Consumer," as specified, after making these oral
statements and before entering into a contract or agreement for
services or accepting compensation and to translate the "Notice to
Consumer" into the language principally used in any oral sales
presentation or negotiation. The bill would additionally require the
legal document assistant or unlawful detainer assistant to inform the
prospective client of the county in which he or she, or the
partnership or corporation, is registered, the registration number
assigned by the county, and the expiration date of his or her, or of
the partnership's or corporation's, current registration period. The
bill would also require the written contract between the legal
document assistant or unlawful detainer assistant to include the
contact information of the county clerk's office for the county in
which the legal document assistant or unlawful detainer assistant is
registered, as specified. The bill would require the "Notice to
Consumer" to include this information.
(7) This bill would repeal the provisions regulating the
activities of legal document assistants and unlawful detainer
assistants as of January 1, 2021.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6400 of the Business and Professions Code is
amended to read:
6400. (a) "Unlawful detainer assistant" means any individual who
for compensation renders assistance or advice in the prosecution or
defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or
action.
(b) "Unlawful detainer claim" means a proceeding, filing, or
action affecting rights or liabilities of any person that arises
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3
of the Code of Civil Procedure and that contemplates an adjudication
by a court.
(c) "Legal document assistant" means:
(1) Any person who is not exempted under Section 6401 and who
provides, or assists in providing, or offers to provide, or offers to
assist in providing, for compensation, any self-help service to a
member of the public who is representing himself or herself in a
legal matter, or who holds himself or herself out as someone who
offers that service or has that authority. This paragraph does not
apply to any individual whose assistance consists merely of
secretarial or receptionist services.
(2) A corporation, partnership, association, or other entity that
employs or contracts with any person not exempted under Section 6401
who, as part of his or her responsibilities, provides, or assists in
providing, or offers to provide, or offers to assist in providing,
for compensation, any self-help service to a member of the public who
is representing himself or herself in a legal matter or holds
himself or herself out as someone who offers that service or has that
authority. This paragraph does not apply to an individual whose
assistance consists merely of secretarial or receptionist services.
(d) "Self-help service" means all of the following:
(1) Completing legal documents in a ministerial manner, selected
by a person who is representing himself or herself in a legal matter,
by typing or otherwise completing the documents at the person's
specific direction.
(2) Providing general published factual information that has been
written or approved by an attorney, pertaining to legal procedures,
rights, or obligations to a person who is representing himself or
herself in a legal matter, to assist the person in representing
himself or herself. This service in and of itself, shall not require
registration as a legal document assistant.
(3) Making published legal documents available to a person who is
representing himself or herself in a legal matter.
(4) Filing and serving legal forms and documents at the specific
direction of a person who is representing himself or herself in a
legal matter.
(e) "Compensation" means money, property, or anything else of
value.
(f) A legal document assistant, including any legal document
assistant employed by a partnership or corporation, shall not provide
any self-help service for compensation, unless the legal document
assistant is registered pursuant to Section 6402.
(g) A legal document assistant may not provide any kind of advice,
explanation, opinion, or recommendation to a consumer about possible
legal rights, remedies, defenses, options, selection of forms, or
strategies. A legal document assistant shall complete documents only
in the manner prescribed by paragraph (1) of subdivision (d).
SEC. 2. Section 6401.7 is added to the Business and Professions
Code, to read:
6401.7. This chapter shall remain in effect only until January 1,
2021, and as of that date is repealed.
SEC. 3. Section 6402 of the Business and Professions Code is
amended to read:
6402. A legal document assistant or unlawful detainer assistant
shall be registered pursuant to this chapter by the county clerk in
the county in which his or her principal place of business is
located, and in which he or she maintains a branch office, and
provide proof that the registrant has satisfied the bonding
requirement of Section 6405. No person who has been disbarred or
suspended from the practice of law pursuant to Article 6 (commencing
with Section 6100) of Chapter 4 may, during the period of any
disbarment or suspension, register as a legal document assistant or
unlawful detainer assistant. The Department of Consumer Affairs shall
develop the application required to be completed by a person for
purposes of registration as a legal document assistant. The
application shall specify the types of proof that the applicant shall
provide to the county clerk in order to demonstrate the
qualifications and requirements of Section 6402.1.
SEC. 4. Section 6402.2 is added to the Business and Professions
Code, to read:
6402.2. To be eligible to renew registration under this chapter,
the registrant shall complete 15 hours of continuing legal education
courses, which meet the requirements of Section 6070, during the
two-year period preceding renewal.
SEC. 5. Section 6403 of the Business and Professions Code is
amended to read:
6403. (a) The application for registration of a natural person
shall contain all of the following statements about the applicant:
(1) Name, age, address, and telephone number.
(2) Whether he or she has been convicted of a felony, or of a
misdemeanor under Section 6126 or 6127, or found liable under Section
6126.5.
(3) Whether he or she has been held liable in a civil action by
final judgment or entry of a stipulated judgment, if the action
alleged fraud, the use of an untrue or misleading representation, or
the use of an unfair, unlawful, or deceptive business practice.
(4) Whether he or she has ever been convicted of a misdemeanor
violation of this chapter.
(5) Whether he or she has had a civil judgment entered against him
or her in an action arising out of the applicant's negligent,
reckless, or willful failure to properly perform his or her
obligation as a legal document assistant or unlawful detainer
assistant.
(6) Whether he or she has had a registration revoked pursuant to
Section 6413.
(7) If the application is for a renewal of registration, a
statement by the applicant that he or she has completed the legal
education courses required by Section 6402.2.
(b) The application for registration of a natural person shall be
accompanied by the display of personal identification, such as a
California driver's license, birth certificate, or other
identification acceptable to the county clerk to adequately determine
the identity of the applicant.
(c) The application for registration of a partnership or
corporation shall contain all of the following statements about the
applicant:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) Whether the general partners or officers have ever been
convicted of a felony, or a misdemeanor under Section 6126 or 6127,
or found liable under Section 6126.5.
(3) Whether the general partners or officers have ever been held
liable in a civil action by final judgment or entry of a stipulated
judgment, if the action alleged fraud, the use of an untrue or
misleading representation, or the use of an unfair, unlawful, or
deceptive business practice.
(4) Whether the general partners or officers have ever been
convicted of a misdemeanor violation of this chapter.
(5) Whether the general partners or officers have had a civil
judgment entered against them in an action arising out of a
negligent, reckless, or willful failure to properly perform the
obligations of a legal document assistant or unlawful detainer
assistant.
(6) Whether the general partners or officers have ever had a
registration revoked pursuant to Section 6413.
(7) If the application is for a renewal of registration, a
statement by the applicant that the individuals performing legal
document assistant or unlawful detainer assistant services have
completed the legal education courses required by Section 6402.2.
(d) The applications made under this section shall be made under
penalty of perjury.
(e) The county clerk shall retain the application for registration
for a period of three years following the expiration date of the
application, after which time the application may be destroyed if it
is scanned or if the conditions specified in Section 26205.1 of the
Government Code are met. If the application is scanned, the scanned
image shall be retained for a period of 10 years, after which time
that image may be destroyed and, notwithstanding Section 26205.1 of
the Government Code, no reproduction thereof need be made or
preserved.
SEC. 6. Section 6404 of the Business and Professions Code is
amended to read:
6404. An applicant shall pay a fee of one hundred seventy-five
dollars ($175) to the county clerk at the time he or she files an
application for initial registration or renewal of registration. An
additional fee of ten dollars ($10) shall be paid to the county clerk
for each additional identification card.
SEC. 7. Section 6405 of the Business and Professions Code is
amended to read:
6405. (a) (1) An application for a certificate of registration by
an individual shall be accompanied by a bond of twenty-five thousand
dollars ($25,000) executed by a corporate surety qualified to do
business in this state and conditioned upon compliance with this
chapter. The total aggregate liability on the bond shall be limited
to twenty-five thousand dollars ($25,000).
(2) An application for a certificate of registration by a
partnership or corporation shall be accompanied by a bond executed by
a corporate surety qualified to do business in this state and
conditioned upon compliance with this chapter in the following
amount, based on the total number of legal document assistants and
unlawful detainer assistants employed by the partnership or
corporation:
(A) Twenty-five thousand dollars ($25,000) for one to four
assistants.
(B) Fifty thousand dollars ($50,000) for five to nine assistants.
(C) One hundred thousand dollars ($100,000) for 10 or more
assistants. An application for a certificate of registration by a
person employed by a partnership or corporation shall be accompanied
by a bond of twenty-five thousand dollars ($25,000) only if the
partnership or corporation has not posted a bond in the amount
required by this subdivision.
(3) If a partnership or corporation increases the number of
assistants it employs above the number stated in its application for
a certificate of registration, the partnership or corporation shall
promptly increase the bond to the applicable amount in subparagraphs
(B) or (C) of paragraph (2) based on the actual number of assistants
it employs, and shall promptly submit the increased bond to the
county clerk.
(4) The bond may be terminated pursuant to Section 995.440 of, and
Article 13 (commencing with Section 996.310) of Chapter 2 of Title
14 of Part 2 of, the Code of Civil Procedure.
(b) The county clerk shall, upon filing of the bond, deliver the
bond forthwith to the county recorder for recording. The recording
fee specified in Section 27361 of the Government Code shall be paid
by the registrant. The fee may be paid to the county clerk who shall
transmit it to the recorder.
(c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
(e) In lieu of the bond required by subdivision (a), a registrant
may deposit the amount required by subdivision (a) in cash with the
county clerk.
(f) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to subdivision
(g) and the right of a person to recover against the bond or cash
deposit under Section 6412.
(g) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit. A judge may order the return of the deposit
prior to the expiration of three years upon evidence satisfactory to
the judge that there are no outstanding claims against the deposit.
(h) The bond required by this section shall be in favor of the
State of California for the benefit of any person who is damaged as a
result of the violation of this chapter or by the fraud, dishonesty,
or incompetency of an individual, partnership, or corporation
registered under this chapter. The bond required by this section
shall also indicate the name of the county in which it will be filed.
SEC. 8. Section 6406 of the Business and Professions Code is
amended to read:
6406. (a) If granted, a certificate of registration shall be
effective for a period of two years, until the date the bond expires,
or until the total number of legal document assistants and unlawful
detainer assistants employed by a partnership or corporation exceeds
the number allowed for the amount of the bond in effect, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 6404, and increase the amount of the
bond if required to comply with subdivision (a) of Section 6405. A
certificate of registration that is currently effective may be
renewed up to 60 days prior to its expiration date and the effective
date of the renewal shall be the date the current registration
expires. The renewal shall be effective for a period of two years
from the effective date or until the expiration date of the bond, or
until the total number of legal document assistants and unlawful
detainer assistants employed by a partnership or corporation exceeds
the number allowed for the dollar amount of the bond in effect,
whichever occurs first.
(b) Except as provided in subdivisions (d) to (f), inclusive, an
applicant shall be denied registration or renewal of registration if
the applicant has been any of the following:
(1) Convicted of a felony, or of a misdemeanor under Section 6126
or 6127, or found liable under Section 6126.5.
(2) Held liable in a civil action by final judgment or entry of a
stipulated judgment, if the action alleged fraud, or the use of an
untrue or misleading representation, or the use of an unfair,
unlawful, or deceptive business practice.
(3) Convicted of a misdemeanor violation of this chapter.
(4) Had a civil judgment entered against him or her in an action
arising out of the applicant's negligent, reckless, or willful
failure to properly perform his or her obligation as a legal document
assistant or unlawful detainer assistant.
(5) Had his or her registration revoked pursuant to Section 6413.
(c) If the county clerk finds that the applicant has failed to
demonstrate having met the requisite requirements of Section 6402,
6402.1, or 6402.2, or that any of the paragraphs of subdivision (b)
apply, the county clerk, within three business days of submission of
the application and fee, shall return the application and fee to the
applicant with a notice to the applicant indicating the reason for
the denial and the method of appeal.
(d) The denial of an application may be appealed by the applicant
by submitting, to the director, the following:
(1) The completed application and notice from the county clerk
specifying the reasons for the denial of the application.
(2) A copy of any final judgment or order that resulted from any
conviction or civil judgment listed on the application.
(3) Any relevant information the applicant wishes to include for
the record.
(e) The director shall order the applicant's certificate of
registration to be granted if the director determines that the
issuance of a certificate of registration is not likely to expose
consumers to a significant risk of harm based on a review of the
application and any other information relating to the applicant's
unlawful act or unfair practice described in paragraphs (1) to (5),
inclusive, of subdivision (b). The director shall order the applicant'
s certificate of registration to be denied if the director determines
that issuance of a certificate of registration is likely to expose
consumers to a significant risk of harm based on a review of the
application and any other information relating to the applicant's
unlawful act or unfair practice described in paragraphs (1) to (5),
inclusive, of subdivision (b). The director shall send to the
applicant and the county clerk a written decision listing the reasons
registration shall be granted or denied within 30 days of the
submission of the matter.
(f) If the director orders that the certificate of registration be
granted, the applicant may resubmit the application, with the
appropriate application fee and the written decision of the director.
The county clerk shall grant the certificate of registration to the
applicant within three business days of being supplied this
information.
SEC. 9. Section 6407 of the Business and Professions Code is
amended to read:
6407. (a) The county clerk shall maintain a register of legal
document assistants, and a register of unlawful detainer assistants,
assign a unique number to each legal document assistant, or unlawful
detainer assistant, and issue an identification card to each one.
Upon renewal of registration, the same number shall be assigned,
provided that the applicant is renewing registration in the same
county in which he or she was previously registered and there is no
lapse of three or more years in the period of registration.
(b) The identification card shall be a card not less than three
and one-quarter by two inches, and shall contain at the top, the
title "Legal Document Assistant" or "Unlawful Detainer Assistant," as
appropriate, followed by the registrant's name, address,
registration number, date of expiration, and county of registration.
It shall also contain a photograph of the registrant in the lower
left corner. The identification card for a partnership or corporation
registration shall be issued in the name of the partnership or
corporation, and shall not contain a photograph. The front of the
card, above the title, shall also contain the following statement in
12-point boldface type: "This person is not a lawyer." The front of
the card, at the bottom, shall also contain the following statement
in 12-point boldface type: "The county clerk has not evaluated this
person's knowledge, experience, or services."
SEC. 10. Section 6408 of the Business and Professions Code is
amended to read:
6408. The registrant's name, business address, telephone number,
registration number, and county of registration shall appear in any
solicitation or advertisement, and on any printed papers or documents
prepared or used by the registrant, including, but not limited to,
contracts, letterhead, business cards, correspondence, documents,
forms, claims, petitions, checks, receipts, and pleadings. The
registrant's name, business address, telephone number, registration
number, expiration date of the registration, and county of
registration shall appear on the written contract required to be
provided to a client pursuant to Section 6410, as well as on any
Internet Web site maintained by the registrant, and in any
solicitation, advertisement, document, or correspondence prepared or
used by the registrant in electronic form.
SEC. 11. Section 6409.1 is added to the Business and Professions
Code, to read:
6409.1. Notwithstanding any other law, the venue for an action
arising out of a dispute between a legal document assistant or
unlawful detainer assistant and his or her client shall be the county
in which the client has his or her primary residence.
SEC. 12. Section 6410 of the Business and Professions Code is
amended to read:
6410. (a) Every legal document assistant or unlawful detainer
assistant who enters into a contract or agreement with a client to
provide services shall, prior to providing any services, provide the
client with a written contract, the contents of which shall be
prescribed by regulations adopted by the Department of Consumer
Affairs.
(b) The written contract shall include all of the following
provisions:
(1) The services to be performed.
(2) The costs of the services to be performed.
(3) The contact information of the county clerk's office for the
county in which the legal document assistant or unlawful detainer
assistant is registered, including the address, phone number, and, if
available, Internet Web site.
(4) There shall be printed on the face of the contract in 12-point
boldface type a statement that the legal document assistant or
unlawful detainer assistant is not an attorney and may not perform
the legal services that an attorney performs.
(5) The contract shall contain a statement in 12-point boldface
type that the county clerk has not evaluated or approved the
registrant's knowledge or experience, or the quality of the
registrant's services.
(6) The contract shall contain a statement in 12-point boldface
type that the consumer may obtain information regarding free or
low-cost representation through a local bar association or legal aid
foundation and that the consumer may contact local law enforcement, a
district attorney, or a legal aid foundation if the consumer
believes that he or she has been a victim of fraud, the unauthorized
practice of law, or any other injury.
(7) The contract shall contain a statement in 12-point boldface
type that a legal document assistant or unlawful detainer assistant
is not permitted to engage in the practice of law, including
providing any kind of advice, explanation, opinion, or recommendation
to a consumer about possible legal rights, remedies, defenses,
options, selection of forms, or strategies.
(c) The contract shall be written both in English and in any other
language comprehended by the client and principally used in any oral
sales presentation or negotiation leading to execution of the
contract. The legal document assistant or the unlawful detainer
assistant is responsible for translating the contract into the
language principally used in any oral sales presentation or
negotiation leading to the execution of the contract.
(d) A written contract entered into on or after January 1, 2016,
shall contain a statement that, pursuant to Section 6409.1, the venue
for an action arising out of a dispute between a legal document
assistant or unlawful detainer assistant and his or her client shall
be the county in which the client has his or her primary residence.
(e) Failure of a legal document assistant or unlawful detainer
assistant to comply with subdivisions (a), (b), (c), and (d) shall
make the contract or agreement for services voidable at the option of
the client. Upon the voiding of the contract, the legal document
assistant or unlawful detainer assistant shall immediately return in
full any fees paid by the client.
(f) In addition to any other right to rescind, the client shall
have the right to rescind the contract within 24 hours of the signing
of the contract. The client may cancel the contract by giving the
legal document assistant or the unlawful detainer assistant any
written statement to the effect that the contract is canceled. If the
client gives notice of cancellation by mail addressed to the legal
document assistant or unlawful detainer assistant, with first-class
postage prepaid, cancellation is effective upon the date indicated on
the postmark. Upon the voiding or rescinding of the contract or
agreement for services, the legal document assistant or unlawful
detainer assistant shall immediately return to the client any fees
paid by the client, except fees for services that were actually,
necessarily, and reasonably performed on the client's behalf by the
legal document assistant or unlawful detainer assistant with the
client's knowing and express written consent. The requirements of
this subdivision shall be conspicuously set forth in the written
contract.
SEC. 13. Section 6410.5 of the Business and Professions Code is
amended to read:
6410.5. (a) It is unlawful for any legal document assistant or
unlawful detainer assistant, in the first contact with a prospective
client of legal document or unlawful detainer assistant services, to
enter into a contract or agreement for services or accept any
compensation unless the legal document assistant or the unlawful
detainer assistant states orally, clearly, affirmatively and
expressly all of the following, before making any other statement,
except statements required by law in telephonic or home
solicitations, and a greeting, or asking the prospective client any
questions:
(1) The identity of the person making the solicitation.
(2) The trade name of the person represented by the person making
the solicitation, if any.
(3) The kind of services being offered for sale.
(4) The statement: "I am not an attorney" and, if the person
offering legal document assistant or unlawful detainer assistant
services is a partnership or a corporation, or uses a fictitious
business name, " name] is not a law firm. I/we cannot represent
you in court, advise you about your legal rights or the law, or
select legal forms for you."
(5) The county in which the legal document assistant or unlawful
detainer assistant is registered and his or her registration number.
(6) The expiration date of the legal document assistant's or
unlawful detainer assistant's current registration period.
(b) After the legal document assistant or unlawful detainer
assistant makes the oral statements required pursuant to subdivision
(a), and before the legal document assistant or unlawful detainer
assistant enters into a contract or agreement for services or accept
any compensation, the legal document assistant or unlawful detainer
assistant shall provide the prospective client with a "Notice to
Consumer" set forth below. After allowing the prospective client time
to read the notice, the legal document assistant or unlawful
detainer assistant shall ask the prospective client to sign and date
the notice. If the first contact is not in person, the legal document
assistant or unlawful detainer assistant shall provide the notice to
the prospective client at the first in-person meeting or mail the
notice to the prospective
client before entering into a contract or agreement for services or
accepting any compensation. The notice shall be set forth in black,
bold, 12-point type on a separate, white, 81/2 by 11 inch sheet of
paper which contains no other print or graphics, and shall be in the
following form. The notice shall contain only the appropriate name or
other designation from those indicated in brackets below. At the
time a prospective client signs the notice and before that
prospective client is offered any contract or agreement for
signature, the legal document assistant or unlawful detainer
assistant shall give the prospective client a clearly legible copy of
the signed notice. A legal document assistant or unlawful detainer
assistant shall not ask or require a prospective client or a client
to sign any other form of acknowledgment regarding this notice.
NOTICE TO CONSUMER
DO NOT SIGN ANYTHING BEFORE YOU READ
THIS PAGE
In the first conversation when you
contacted (the unlawful detainer
assistant or the legal document
assistant), did (he or she) explain . .
. . . . . . .
(Name of unlawful detainer assistant or
legal document assistant) is not an
attorney.
(Name of corporation or partnership, if
any, that is offering legal document
assistant services or unlawful detainer
assistant services) is not a law firm.
(He/she/name of the business)
cannot represent you in court.
(He/she/name of the business) cannot
advise you about your legal rights or
the law.
(He/she/name of the business) cannot
select legal forms for you.
(He/she/name of the business) is
registered in (county name) and the
registration number is (registration
number).
(He/she/name of the business)'s
registration is valid until (date of
expiration of registration), after which
it must be renewed.
To confirm that (he/she/name of
business) is registered, you may
contact the (county name) clerk's office
at (office address), (or) (office phone
number), (or) (if available, office
Internet Web site).
Choose one:
Yes, (he/she) explained.
No, (he/she) did not explain.
Date:
Signature:
(c) The legal document assistant or unlawful detainer assistant
shall be responsible for translating, if necessary, the "Notice to
Consumer" required pursuant to subdivision (b) into the language
principally used in any oral sales presentation or negotiation.
SEC. 14. Section 22355 of the Business and Professions Code is
amended to read:
22355. (a) The county clerk shall maintain a register of process
servers and assign a number and issue an identification card to each
process server. The county clerk shall issue a temporary
identification card, for no additional fee, to applicants who are
required to submit Request for Live Scan forms for background checks
to the Federal Bureau of Investigation and the Department of Justice.
This card shall be valid for 120 days. If clearance is received from
the Federal Bureau of Investigation and the Department of Justice
within 120 days, the county clerk shall immediately issue a permanent
identification card to the applicant. Upon request of the applicant,
the permanent identification card shall be mailed to the applicant
at his or her address of record. Upon renewal of a certificate of
registration, the same number shall be assigned, provided that the
applicant is renewing registration in the same county in which he or
she was previously registered and there is no lapse of three or more
years in the period of registration.
(b) The temporary and permanent identification cards shall be not
less than 31/4 inches by 2 inches and shall contain at the top the
title, "Registered Process Server," followed by the registrant's
name, address, registration number, date of expiration, and county of
registration. In the case of a natural person, it shall also contain
a photograph of the registrant in the lower left corner. The
identification card for a partnership or corporation registration
shall be issued in the name of the partnership or corporation, and
shall not contain a photograph.
SEC. 15. Section 22457 of the Business and Professions Code is
amended to read:
22457. (a) The county clerk shall maintain a register of
professional photocopiers, assign a number to each professional
photocopier, and issue an identification card to each one. Additional
cards for employees of professional photocopiers shall be issued
upon the payment of a fee for each card in an amount sufficient to
cover the reasonable regulatory costs associated with the issuance of
additional cards, as determined by the county clerk. Upon renewal of
registration, the same number shall be assigned, provided that the
applicant is renewing registration in the same county in which he or
she was previously registered and there is no lapse of three or more
years in the period of registration.
(b) The identification card shall be a card not less than three
and one-quarter inches by two inches, and shall contain at the top
the title, "Professional Photocopier" followed by the registrant's
name, address, registration number, date of expiration, and county of
registration. It shall also contain a photograph of the registrant
in the lower left corner. The identification card for a partnership
or corporation registration shall be issued in the name of the
partnership or corporation, and shall not contain a photograph. The
identification card for an employee of a professional photocopier or
a partnership or corporation shall contain a photograph of the
employee in the lower left corner.
(c) The identification card for an employee of a professional
photocopier or a partnership or corporation shall be issued in the
name of the employee and include "Employee of: insert name of the
professional photocopier or the partnership or corporation]."
SEC. 16. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
