Amended in Senate June 19, 2015

Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 285


Introduced by Assembly Member Gallagher

February 11, 2015


An act to amend Sectionsbegin delete 6407 and 6408 ofend deletebegin insert 6400, 6402, 6403, 6404, 6405, 6406, 6407, 6408, 6410, 6410.5, 22355, and 22457 of, and to add Sections 6402.2 and 6409.1 to,end insert the Business and Professions Code, relating tobegin delete legal assistants.end deletebegin insert professions and vocations.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 285, as amended, Gallagher. begin deleteLegal assistants. end deletebegin insertProfessions and vocations: registration.end insert

(1) Existing law defines and regulates the activities of legal document assistants and unlawful detainer assistants, as those terms arebegin delete defined, including requiring a legal document assistant or unlawful detainer assistant to be registered, as specified. Existingend deletebegin insert 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.end insert

begin insert

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. The bill would require a legal document assistant or unlawful detainer assistant to provide his or her identification card when filing documents in a county other than the county of his or her registration.

end insert
begin insert

(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.

end insert
begin insert

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 during the 2-year period preceding renewal from a provider approved by the State Bar. 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.

end insert
begin insert

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.

end insert

begin insert(3)end insertbegin insertend insertbegin insertExistingend insert law provides for the renewal of registrationbegin delete under these provisionsend deletebegin insert of a legal document assistant or unlawful detainer assistantend insert 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.

begin insert

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.

end insert

This bill would instead require the county clerk to assign the same registration numberbegin delete regardless of whether the period of registration has lapsed.end deletebegin insert to a registrant in any of the above-described professions, provided that there is no lapse of three years or more in the period of registration.end insert

By changing the process by which county clerks renew registration of legal documentbegin delete assistants andend deletebegin insert assistants,end insert unlawful detainer assistants,begin insert process servers, and professional photocopiers,end insert this bill would impose a state-mandated local program.

begin delete

(2)

end delete

begin insert(4)end insert 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.

begin insert

(5) Existing law prescribes the proper county of venue in civil actions.

end insert
begin insert

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 clients option for failure to comply with this requirement.

end insert
begin insert

(6) Existing law requires a legal document assistant or unlawful detainer assistant to make specified statements to a prospective client indicating that he or she is not a lawyer 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.

end insert
begin insert

This 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 require the “Notice to Consumer” to include this information.

end insert
begin delete

(3)

end delete

begin insert(7)end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6400 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

6400.  

(a) “Unlawful detainer assistant” means any individual
4who for compensation renders assistance or advice in the
5prosecution or defense of an unlawful detainer claim or action,
P5    1including any bankruptcy petition that may affect the unlawful
2detainer claim or action.

3(b) “Unlawful detainer claim” means a proceeding, filing, or
4action affecting rights or liabilities of any person that arises under
5Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of
6the Code of Civil Procedure and that contemplates an adjudication
7by a court.

8(c) “Legal document assistant” means:

9(1) Any person who is not exempted under Section 6401 and
10who provides, or assists in providing, or offers to provide, or offers
11to assist in providing, for compensation, any self-help service to
12a member of the public who is representing himself or herself in
13a legal matter, or who holds himself or herself out as someone who
14offers that service or has that authority. This paragraph does not
15apply to any individual whose assistance consists merely of
16secretarial or receptionist services.

17(2) A corporation, partnership, association, or other entity that
18employs or contracts with any person not exempted under Section
196401 who, as part of his or her responsibilities, provides, or assists
20in providing, or offers to provide, or offers to assist in providing,
21for compensation, any self-help service to a member of the public
22who is representing himself or herself in a legal matter or holds
23himself or herself out as someone who offers that service or has
24that authority. This paragraph does not apply to an individual
25whose assistance consists merely of secretarial or receptionist
26services.

27(d) “Self-help service” means all of the following:

28(1) Completing legal documents in a ministerial manner, selected
29by a person who is representing himself or herself in a legal matter,
30by typing or otherwise completing the documents at the person’s
31specific direction.

32(2) Providing general published factual information that has
33been written or approved by an attorney, pertaining to legal
34procedures, rights, or obligations to a person who is representing
35himself or herself in a legal matter, to assist the person in
36representing himself or herself. This service in and of itself, shall
37not require registration as a legal document assistant.

38(3) Making published legal documents available to a person
39who is representing himself or herself in a legal matter.

P6    1(4) Filing and serving legal forms and documents at the specific
2direction of a person who is representing himself or herself in a
3legal matter.

4(e) “Compensation” means money, property, or anything else
5of value.

6(f) A legal document assistant, including any legal document
7assistant employed by a partnership or corporation,begin delete mayend deletebegin insert shallend insert not
8provide any self-help service for compensation, unless the legal
9document assistant is registeredbegin delete in the county in which his or her
10principal place of business is located and in any other county in
11which he or she performs acts for which registration is required.end delete

12begin insert pursuant to Section 6402.end insert

13(g) A legal document assistant may not provide any kind of
14advice, explanation, opinion, or recommendation to a consumer
15about possible legal rights, remedies, defenses, options, selection
16of forms, or strategies. A legal document assistant shall complete
17documents only in the manner prescribed by paragraph (1) of
18subdivision (d).

19begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 6402 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
20amended to read:end insert

21

6402.  

A legal document assistant or unlawful detainer assistant
22shall be registered pursuant to this chapter by the county clerk in
23the county in which his or her principal place of business isbegin delete located
24(deemed primary registration), and in any other county in which
25he or she performs acts for which registration is required (deemed
26secondary registration). Any registration in a county, other than
27the county of the person’s place of business, shall state the person’s
28principal place of businessend delete
begin insert located, and in which he or she
29maintains a branch office,end insert
and provide proof that the registrant
30has satisfied the bonding requirement of Section 6405. No person
31who has been disbarred or suspended from the practice of law
32pursuant to Article 6 (commencing with Section 6100) of Chapter
334 may, during the period of any disbarment or suspension, register
34as a legal document assistant or unlawful detainer assistant. The
35Department of Consumer Affairs shall develop the application
36required to be completed by a person for purposes of registration
37as a legal document assistant. The application shall specify the
38types of proof that the applicant shall provide to the county clerk
39in order to demonstrate the qualifications and requirements of
40Section 6402.1.

P7    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 6402.2 is added to the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert6402.2.end insert  

To be eligible to renew registration under this chapter,
4the registrant shall complete 15 hours of continuing legal education
5courses during the two-year period preceding renewal from a
6provider approved by the State Bar.

end insert
7begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 6403 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
8amended to read:end insert

9

6403.  

(a) The application for registration of a natural person
10shall contain all of the following statements about the applicant:

11(1) Name, age, address, and telephone number.

12(2) Whether he or she has been convicted of a felony, or of a
13misdemeanor under Section 6126 or 6127, or found liable under
14Section 6126.5.

15(3) Whether he or she has been held liable in a civil action by
16final judgment or entry of a stipulated judgment, if the action
17alleged fraud, the use of an untrue or misleading representation,
18or the use of an unfair, unlawful, or deceptive business practice.

19(4) Whether he or she has ever been convicted of a misdemeanor
20violation of this chapter.

21(5) Whether he or she has had a civil judgment entered against
22him or her in an action arising out of the applicant’s negligent,
23reckless, or willful failure to properly perform his or her obligation
24as a legal document assistant or unlawful detainer assistant.

25(6) Whether he or she has had a registration revoked pursuant
26to Section 6413.

begin delete

27(7) Whether this is a primary or secondary registration. If it is
28a secondary registration, the county in which the primary
29registration is filed.

end delete
begin insert

30(7) If the application is for a renewal of registration, a statement
31by the applicant that he or she has completed the legal education
32courses required by Section 6402.2.

end insert

33(b) The application for registration of a natural person shall be
34accompanied by the display of personal identification, such as a
35California driver’s license, birth certificate, or other identification
36acceptable to the county clerk to adequately determine the identity
37of the applicant.

38(c) The application for registration of a partnership or
39corporation shall contain all of the following statements about the
40applicant:

P8    1(1) The names, ages, addresses, and telephone numbers of the
2general partners or officers.

3(2) Whether the general partners or officers have ever been
4convicted of a felony, or a misdemeanor under Section 6126 or
56127, or found liable under Section 6126.5.

6(3) Whether the general partners or officers have ever been held
7liable in a civil action by final judgment or entry of a stipulated
8judgment, if the action alleged fraud, the use of an untrue or
9misleading representation, or the use of an unfair, unlawful, or
10deceptive business practice.

11(4) Whether the general partners or officers have ever been
12convicted of a misdemeanor violation of this chapter.

13(5) Whether the general partners or officers have had a civil
14judgment entered against them in an action arising out of a
15negligent, reckless, or willful failure to properly perform the
16obligations of a legal document assistant or unlawful detainer
17assistant.

18(6) Whether the general partners or officers have ever had a
19registration revoked pursuant to Section 6413.

begin delete

20(7) Whether this is a primary or secondary registration. If it is
21a secondary registration, the county in which the primary
22registration is filed.

end delete
begin insert

23(7) If the application is for a renewal of registration, a statement
24by the applicant that the individuals performing legal document
25assistant or unlawful detainer assistant services have completed
26the legal education courses required by Section 6402.2.

end insert

27(d) The applications made under this section shall be made under
28penalty of perjury.

29(e) The county clerk shall retain the application for registration
30for a period of three years following the expiration date of the
31application, after which time the application may be destroyed if
32it is scanned or if the conditions specified in Section 26205.1 of
33the Government Code are met. If the application is scanned, the
34scanned image shall be retained for a period of 10 years, after
35which time that image may be destroyed and, notwithstanding
36Section 26205.1 of the Government Code, no reproduction thereof
37need be made or preserved.

38begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 6404 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
39amended to read:end insert

P9    1

6404.  

An applicant shall pay a fee of one hundred seventy-five
2dollars ($175) to the county clerk at the time he or she files an
3application for initialbegin delete registration, including a primary or secondary
4registration,end delete
begin insert registrationend insert or renewal of registration. An additional
5fee of ten dollars ($10) shall be paid to the county clerk for each
6additional identification card.

7begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 6405 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
8amended to read:end insert

9

6405.  

(a) (1) An application for a certificate of registration
10by an individual shall be accompanied by a bond of twenty-five
11thousand dollars ($25,000) executed by a corporate surety qualified
12to do business in this state and conditioned upon compliance with
13this chapter. The total aggregate liability on the bond shall be
14limited to twenty-five thousand dollars ($25,000).begin delete An application
15for secondary registration shall meet all of the requirements of this
16subdivision, except that in place of posting another original bond
17or cash deposit, the applicant shall include a certified copy of the
18bond or cash deposit posted in the county in which the applicant
19filed the primary registration.end delete

20(2) An application for a certificate of registration by a
21partnership or corporation shall be accompanied by a bond executed
22by a corporate surety qualified to do business in this state and
23conditioned upon compliance with this chapter in the following
24amount, based on the total number of legal document assistants
25and unlawful detainer assistants employed by the partnership or
26corporation:

27(A) Twenty-five thousand dollars ($25,000) for one to four
28assistants.

29(B) Fifty thousand dollars ($50,000) for five to nine assistants.

30(C) One hundred thousand dollars ($100,000) for 10 or more
31assistants. An application for a certificate of registration by a
32person employed by a partnership or corporation shall be
33accompanied by a bond of twenty-five thousand dollars ($25,000)
34only if the partnership or corporation has not posted a bond in the
35amount required by this subdivision.begin delete An application for secondary
36registration shall meet all of the requirements of this subdivision,
37except that in place of posting another original bond or cash
38deposit, the applicant shall include a certified copy of the bond or
39cash deposit posted in the county in which the applicant filed the
40primary registration.end delete

P10   1(3) If a partnership or corporation increases the number of
2assistants it employs above the number stated in its application for
3a certificate of registration, the partnership or corporation shall
4promptly increase the bond to the applicable amount in
5subparagraphs (B) or (C) of paragraph (2) based on the actual
6number of assistants it employs, and shall promptly submit the
7increased bond to the county clerk. begin delete The partnership or corporation
8shall promptly send a certified copy of the increased bond to the
9county clerk in any county of secondary registration.end delete

10(4) The bond may be terminated pursuant to Section 995.440
11of, and Article 13 (commencing with Section 996.310) of Chapter
122 of Title 14 of Part 2 of, the Code of Civil Procedure.

13(b) The county clerk shall, upon filing of the bond, deliver the
14bond forthwith to the county recorder for recording. The recording
15fee specified in Section 27361 of the Government Code shall be
16paid by the registrant. The fee may be paid to the county clerk who
17shall transmit it to the recorder.

18(c) The fee for filing, canceling, revoking, or withdrawing the
19bond is seven dollars ($7).

20(d) The county recorder shall record the bond and any notice
21of cancellation, revocation, or withdrawal of the bond, and shall
22thereafter mail the instrument, unless specified to the contrary, to
23the person named in the instrument and, if no person is named, to
24the party leaving it for recording. The recording fee specified in
25Section 27361 of the Government Code for notice of cancellation,
26revocation, or withdrawal of the bond shall be paid to the county
27clerk, who shall transmit it to the county recorder.

28(e) In lieu of the bond required by subdivision (a), a registrant
29may deposit the amount required by subdivision (a) in cash with
30the county clerk.

31(f) If the certificate is revoked, the bond or cash deposit shall
32be returned to the bonding party or depositor subject to subdivision
33(g) and the right of a person to recover against the bond or cash
34deposit under Section 6412.

35(g) The county clerk may retain a cash deposit until the
36expiration of three years from the date the registrant has ceased to
37do business, or three years from the expiration or revocation date
38of the registration, in order to ensure there are no outstanding
39claims against the deposit. A judge may order the return of the
40deposit prior to the expiration of three years upon evidence
P11   1satisfactory to the judge that there are no outstanding claims against
2the deposit.

3(h) The bond required by this section shall be in favor of the
4State of California for the benefit of any person who is damaged
5as a result of the violation of this chapter or by the fraud,
6dishonesty, or incompetency of an individual, partnership, or
7corporation registered under this chapter. The bond required by
8this section shall also indicate the name of the county in which it
9will be filed.

10begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 6406 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
11amended to read:end insert

12

6406.  

(a) If granted, a certificate of registration shall be
13effective for a period of two years, until the date the bond expires,
14or until the total number of legal document assistants and unlawful
15detainer assistants employed by a partnership or corporation
16exceeds the number allowed for the amount of the bond in effect,
17whichever occurs first. Thereafter, a registrant shall file a new
18certificate of registration or a renewal of the certificate of
19registration and pay the fee required by Section 6404, and increase
20the amount of the bond if required to comply with subdivision (a)
21of Section 6405. A certificate of registration that is currently
22effective may be renewed up to 60 days prior to its expiration date
23and the effective date of the renewal shall be the date the current
24registration expires. The renewal shall be effective for a period of
25two years from the effective date or until the expiration date of the
26bond, or until the total number of legal document assistants and
27unlawful detainer assistants employed by a partnership or
28corporation exceeds the number allowed for the dollar amount of
29the bond in effect, whichever occurs first.

30(b) Except as provided in subdivisions (d) to (f), inclusive, an
31applicant shall be denied registration or renewal of registration if
32the applicant has been any of the following:

33(1) Convicted of a felony, or of a misdemeanor under Section
346126 or 6127, or found liable under Section 6126.5.

35(2) Held liable in a civil action by final judgment or entry of a
36stipulated judgment, if the action alleged fraud, or the use of an
37untrue or misleading representation, or the use of an unfair,
38unlawful, or deceptive business practice.

39(3) Convicted of a misdemeanor violation of this chapter.

P12   1(4) Had a civil judgment entered against him or her in an action
2arising out of the applicant’s negligent, reckless, or willful failure
3to properly perform his or her obligation as a legal document
4assistant or unlawful detainer assistant.

5(5) Had his or her registration revoked pursuant to Section 6413.

6(c) If the county clerk finds that the applicant has failed to
7demonstrate having met the requisite requirements of Sectionbegin delete 6402
8or 6402.1,end delete
begin insert 6402, 6402.1, or 6402.2,end insert or that any of the paragraphs
9of subdivision (b) apply, the county clerk, within three business
10days of submission of the application and fee, shall return the
11application and fee to the applicant with a notice to the applicant
12indicating the reason for the denial and the method of appeal.

13(d) The denial of an application may be appealed by the
14applicant by submitting, to the director, the following:

15(1) The completed application and notice from the county clerk
16specifying the reasons for the denial of the application.

17(2) A copy of any final judgment or order that resulted from
18any conviction or civil judgment listed on the application.

19(3) Any relevant information the applicant wishes to include
20for the record.

21(e) The director shall order the applicant’s certificate of
22registration to be granted if the director determines that the issuance
23of a certificate of registration is not likely to expose consumers to
24a significant risk of harm based on a review of the application and
25any other information relating to the applicant’s unlawful act or
26unfair practice described in paragraphs (1) to (5), inclusive, of
27subdivision (b). The director shall order the applicant’s certificate
28of registration to be denied if the director determines that issuance
29of a certificate of registration is likely to expose consumers to a
30significant risk of harm based on a review of the application and
31any other information relating to the applicant’s unlawful act or
32unfair practice described in paragraphs (1) to (5), inclusive, of
33subdivision (b). The director shall send to the applicant and the
34county clerk a written decision listing the reasons registration shall
35be granted or denied within 30 days of the submission of the matter.

36(f) If the director orders that the certificate of registration be
37granted, the applicant may resubmit the application, with the
38appropriate application fee and the written decision of the director.
39The county clerk shall grant the certificate of registration to the
P13   1applicant within three business days of being supplied this
2information.

3

begin deleteSECTION 1.end delete
4begin insertSEC. 8.end insert  

Section 6407 of the Business and Professions Code is
5amended to read:

6

6407.  

(a) The county clerk shall maintain a register of legal
7document assistants, and a register of unlawful detainer assistants,
8assign a unique number to each legal document assistant, or
9unlawful detainer assistant, and issue an identification card to each
10one. Upon renewal of registration, the same number shall be
11begin delete assigned.end deletebegin insert assigned, provided there is no lapse of three or more
12years in the period of registration.end insert

13(b) The identification card shall be a card not less than 314 by
142 inches, and shall contain at the top, the title “Legal Document
15Assistant” or “Unlawful Detainer Assistant,” as appropriate,
16followed by the registrant’s name, address, registration number,
17date of expiration, and county of registration. It shall also contain
18a photograph of the registrant in the lower left corner. The
19identification card for a partnership or corporation registration
20shall be issued in the name of the partnership or corporation, and
21shall not contain a photograph. The front of the card, above the
22title, shall also contain the following statement in 12-point boldface
23type: “This person is not a lawyer.” The front of the card, at the
24bottom, shall also contain the following statement in 12-point
25boldface type: “The county clerk has not evaluated this person’s
26knowledge, experience, or services.”

begin insert

27(c) A legal document assistant or unlawful detainer assistant
28shall present his or her identification card when filing documents
29in a county other than his or her county of registration.

end insert
30

begin deleteSEC. 2.end delete
31begin insertSEC. 9.end insert  

Section 6408 of the Business and Professions Code is
32amended to read:

33

6408.  

The registrant’s name, business address, telephone
34number, registration number, and county of registration shall appear
35in any solicitation or advertisement, and on any printed papers or
36documents prepared or used by the registrant, including, but not
37limited to, contracts, letterhead, business cards, correspondence,
38documents, forms, claims, petitions, checks, receipts, and
39pleadings. The registrant’s name, business address, telephone
40number, registration number, expiration date of the registration,
P14   1and county of registration shall appear on the written contract
2required to be provided to a client pursuant to Section 6410, as
3well as on any Internet Web site maintained by the registrant, and
4in any solicitation, advertisement, document, or correspondence
5prepared or used by the registrant in electronic form.

6begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 6409.1 is added to the end insertbegin insertBusiness and
7Professions Code
end insert
begin insert, to read:end insert

begin insert
8

begin insert6409.1.end insert  

Notwithstanding any other law, the venue for an action
9arising out of a dispute between a legal document assistant or
10unlawful detainer assistant and his or her client shall be the county
11in which the client has his or her primary residence.

end insert
12begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 6410 of the end insertbegin insertBusiness and Professions Codeend insert
13begin insert is amended to read:end insert

14

6410.  

(a) Every legal document assistant or unlawful detainer
15assistant who enters into a contract or agreement with a client to
16provide services shall, prior to providing any services, provide the
17client with a written contract, the contents of which shall be
18prescribed by regulations adopted by the Department of Consumer
19Affairs.

20(b) The written contract shall include all of the following
21provisions:

22(1) The services to be performed.

23(2) The costs of the services to be performed.

24(3) There shall be printed on the face of the contract in 12-point
25boldface type a statement that the legal document assistant or
26unlawful detainer assistant is not an attorney and may not perform
27the legal services that an attorney performs.

28(4) The contract shall contain a statement in 12-point boldface
29type that the county clerk has not evaluated or approved the
30registrant’s knowledge or experience, or the quality of the
31registrant’s services.

32(5) The contract shall contain a statement in 12-point boldface
33type that the consumer may obtain information regarding free or
34low-cost representation through a local bar association or legal aid
35foundation and that the consumer may contact local law
36enforcement, a district attorney, or a legal aid foundation if the
37consumer believes that he or she has been a victim of fraud, the
38unauthorized practice of law, or any other injury.

39(6) The contract shall contain a statement in 12-point boldface
40type that a legal document assistant or unlawful detainer assistant
P15   1is not permitted to engage in the practice of law, including
2providing any kind of advice, explanation, opinion, or
3recommendation to a consumer about possible legal rights,
4remedies, defenses, options, selection of forms, or strategies.

5(c) The contract shall be written both in English and in any other
6language comprehended by the client and principally used in any
7oral sales presentation or negotiation leading to execution of the
8contract. The legal document assistant or the unlawful detainer
9assistant is responsible for translating the contract into the language
10principally used in any oral sales presentation or negotiation
11leading to the execution of the contract.

begin insert

12(d) A written contract entered into on or after January 1, 2016,
13shall contain a statement that, pursuant to Section 6409.1, the
14venue for an action arising out of a dispute between a legal
15document assistant or unlawful detainer assistant and his or her
16client shall be the county in which the client has his or her primary
17residence.

end insert
begin delete

18(d)

end delete

19begin insert(e)end insert Failure of a legal document assistant or unlawful detainer
20assistant to comply with subdivisions (a), (b),begin delete and (c)end deletebegin insert (c), and (d)end insert
21 shall make the contract or agreement for services voidable at the
22option of the client. Upon the voiding of the contract, the legal
23document assistant or unlawful detainer assistant shall immediately
24return in full any fees paid by the client.

begin delete

25(e)

end delete

26begin insert(f)end insert In addition to any other right to rescind, the client shall have
27the right to rescind the contract within 24 hours of the signing of
28the contract. The client may cancel the contract by giving the legal
29document assistant or the unlawful detainer assistant any written
30statement to the effect that the contract is canceled. If the client
31gives notice of cancellation by mail addressed to the legal
32document assistant or unlawful detainer assistant, with first-class
33postage prepaid, cancellation is effective upon the date indicated
34on the postmark. Upon the voiding or rescinding of the contract
35or agreement for services, the legal document assistant or unlawful
36detainer assistant shall immediately return to the client any fees
37paid by the client, except fees for services that were actually,
38necessarily, and reasonably performed on the client’s behalf by
39the legal document assistant or unlawful detainer assistant with
40the client’s knowing and express written consent. The requirements
P16   1of this subdivision shall be conspicuously set forth in the written
2contract.

3begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 6410.5 of the end insertbegin insertBusiness and Professions Codeend insert
4begin insert is amended to read:end insert

5

6410.5.  

(a) It is unlawful for any legal document assistant or
6unlawful detainer assistant, in the first in-person or telephonic
7solicitation of a prospective client of legal document or unlawful
8detainer assistant services, to enter into a contract or agreement
9for services or accept any compensation unless the legal document
10assistant or the unlawful detainer assistant states orally, clearly,
11affirmatively and expressly all of the following, before making
12any other statement, except statements required by law in
13telephonic or home solicitations, and a greeting, or asking the
14prospective client any questions:

15(1) The identity of the person making the solicitation.

16(2) The trade name of the person represented by the person
17making the solicitation, if any.

18(3) The kind of services being offered for sale.

19(4) The statement: “I am not an attorney” and, if the person
20offering legal document assistant or unlawful detainer assistant
21services is a partnership or a corporation, or uses a fictitious
22business name, “[name] is not a law firm. I/we cannot represent
23you in court, advise you about your legal rights or the law, or select
24legal forms for you.”

begin insert

25(5) The county in which the legal document assistant or unlawful
26detainer assistant is registered and his or her registration number.

end insert
begin insert

27(6) The expiration date of the legal document assistant’s or
28unlawful detainer assistant’s current registration period.

end insert

29(b) If the first contact between a legal document assistant or an
30unlawful detainer assistant and a prospective client is initiated by
31the prospective client, it is unlawful for the legal document assistant
32or unlawful detainer assistant to enter into a contract or agreement
33for services or accept any compensation unless the legal document
34assistant or the unlawful detainer assistant states orally, clearly,
35affirmatively and expressly, during that first contact, and before
36offering any contract or agreement for services to the prospective
37client, the following: “I am not an attorney [and, if the person
38offering legal document assistant or unlawful detainer assistant
39services is a partnership or a corporation, or uses a fictitious
40business name, “[name] is not a law firm.”] [I/We] cannot (1)
P17   1represent you in court, (2) advise you about your legal rights or
2the law, or (3) select legal forms for you.”begin insert The legal document
3assistant or the unlawful detainer assistant shall also inform the
4prospective client of the county in which he or she, or the
5partnership or corporation, is registered, the registration number
6assigned by the county, and the expiration date of his or her, or
7of the partnership’s or corporation’s, current registration period.end insert

8 After making this statement, and before offering the prospective
9client a contract or agreement for services, a legal document
10assistant or unlawful detainer assistant who has made the statement
11in accordance with thisbegin delete subsectionend deletebegin insert subdivisionend insert may ask the
12prospective client to read the “Notice to Consumer” set forth below,
13and after allowing the prospective client time to read the notice,
14may ask the prospective client to sign and date the notice. The
15notice shall be set forth in black, bold, 14-point type on a separate,
16white, 812 by 11 inch sheet of paper which contains no other print
17or graphics, and shall be in the following form. The notice shall
18contain only the appropriate name or other designation from those
19indicated in brackets below. At the time a prospective client signs
20the notice and before that prospective client is offered any contract
21or agreement for signature, the legal document assistant or unlawful
22detainer assistant shall give the prospective client a clearly legible
23copy of the signed notice. A legal document assistant or unlawful
24detainer assistant shall not ask or require a prospective client or a
25client to sign any other form of acknowledgment regarding this
26notice.


27

 

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.

 
begin insert

[He/she/name if business] is registered in [county name] and the registration number is [registration number].

end insert
 
begin insert

[He/she/name of business]’s registration is valid until [date of expiration of registration], after which it must be renewed.

end insert
 

Choose one:

 

  Yes, [he/she] explained.

  No, [he/she] did not explain.

 

Date:

 

Signature:

P18  26

 

27begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 22355 of the end insertbegin insertBusiness and Professions Codeend insert
28begin insert is amended to read:end insert

29

22355.  

(a) The county clerk shall maintain a register of process
30servers and assign a number and issue an identification card to
31each process server. The county clerk shall issue a temporary
32identification card, for no additional fee, to applicants who are
33required to submit Request for Live Scan forms for background
34checks to the Federal Bureau of Investigation and the Department
35of Justice. This card shall be valid for 120 days. If clearance is
36received from the Federal Bureau of Investigation and the
37Department of Justice within 120 days, the county clerk shall
38immediately issue a permanent identification card to the applicant.
39Upon request of the applicant, the permanent identification card
40shall be mailed to the applicant at his or her address of record.
P19   1Upon renewal of a certificate of registration, the same number
2shall be assigned, provided there is no lapsebegin insert of three or more yearsend insert
3 in the period of registration.

4(b) The temporary and permanent identification cards shall be
5not less than 314 inches by 2 inches and shall contain at the top
6the title, “Registered Process Server,” followed by the registrant’s
7name, address, registration number, date of expiration, and county
8of registration. In the case of a natural person, it shall also contain
9a photograph of the registrant in the lower left corner. The
10identification card for a partnership or corporation registration
11shall be issued in the name of the partnership or corporation, and
12shall not contain a photograph.

13begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 22457 of the end insertbegin insertBusiness and Professions Codeend insert
14begin insert is amended to read:end insert

15

22457.  

(a) The county clerk shall maintain a register of
16professional photocopiers, assign a number to each professional
17photocopier, and issue an identification card to each one.
18Additional cards for employees of professional photocopiers shall
19be issued upon the payment of a fee for each card in an amount
20sufficient to cover the reasonable regulatory costs associated with
21the issuance of additional cards, as determined by the county clerk.
22Upon renewal of registration, the same number shall be assigned,
23provided there is no lapsebegin insert of three or more yearsend insert in the period of
24registration.

25(b) The identification card shall be a card not less than 314
26 inches by 2 inches, and shall contain at the top the title,
27“Professional Photocopier” followed by the registrant’s name,
28address, registration number, date of expiration, and county of
29registration. It shall also contain a photograph of the registrant in
30the lower left corner. The identification card for a partnership or
31corporation registration shall be issued in the name of the
32partnership or corporation, and shall not contain a photograph.
33The identification card for an employee of a professional
34photocopier or a partnership or corporation shall contain a
35photograph of the employee in the lower left corner.

36(c) The identification card for an employee of a professional
37photocopier or a partnership or corporation shall be issued in the
38name of the employee and include “Employee of: [insert name of
39the professional photocopier or the partnership or corporation].”

P20   1

begin deleteSEC. 3.end delete
2begin insertSEC. 15.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution for certain
4costs that may be incurred by a local agency or school district
5because, in that regard, this act creates a new crime or infraction,
6eliminates a crime or infraction, or changes the penalty for a crime
7or infraction, within the meaning of Section 17556 of the
8Government Code, or changes the definition of a crime within the
9meaning of Section 6 of Article XIII B of the California
10Constitution.

11However, if the Commission on State Mandates determines that
12this act contains other costs mandated by the state, reimbursement
13to local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.



O

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