Amended in Senate June 29, 2015

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 Bill No. 285

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, and to add Sections 6402.2 and 6409.1 to, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 285, as amended, 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. begin delete 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 delete

(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 begin insert that meet specified requirements relating to attorneys end insert during the 2-year period preceding begin delete renewal from a provider approved by the State Bar. end delete begin insert renewal. end insert 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 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 clients 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 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.

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.

(7) 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:

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 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. 3.  

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
begin delete courses end delete begin insert courses, which meet the requirements of Section 6070, end insert
during the two-year period preceding renewal begin delete from a provider
approved by the State Bar end delete .

SEC. 4.  

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. 5.  

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. 6.  

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. 7.  

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. 8.  

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 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 31⁄4 by
2 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.”

begin delete

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

end delete

SEC. 9.  

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. 10.  

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. 11.  

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) 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.

(4) 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.

(5) 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.

(6) 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. 12.  

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 in-person or telephonic
solicitation of 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) If the first contact between a legal document assistant or an
unlawful detainer assistant and a prospective client is initiated by
the prospective client, it is unlawful for the legal document assistant
or unlawful detainer assistant 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, during that first contact, and before
offering any contract or agreement for services to the prospective
client, the following: “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 (1)
represent you in court, (2) advise you about your legal rights or
the law, or (3) select legal forms for you.” The legal document
assistant or the unlawful detainer assistant shall also 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. After
making this statement, and before offering the prospective client
a contract or agreement for services, a legal document assistant or
unlawful detainer assistant who has made the statement in
accordance with this subdivision may ask the prospective client
to read the “Notice to Consumer” set forth below, and after
allowing the prospective client time to read the notice, may ask
the prospective client to sign and date the notice. The notice shall
be set forth in black, bold, 14-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 begin delete if end delete begin insert of the end insert business] is registered in [county name] and the registration number is [registration number].

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

Choose one:

Yes, [he/she] explained.

No, [he/she] did not explain.

Date:

Signature:

 

SEC. 13.  

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 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. 14.  

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 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 31⁄4
inches by 2 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. 15.  

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.