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

California Legislature—2015–16 Regular Session

Assembly BillNo. 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,begin delete andend delete to add Sectionsbegin delete 6402.2end deletebegin insert 6401.7, 6402.2,end insert and 6409.1 to,begin insert and to repeal Chapter 5.5 (commencing with Section 6400) of Division 3 of,end insert 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.

(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 thatbegin insert the applicant is renewing registration in the same county in which he or she was previously registered andend insert 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 thebegin delete clientsend deletebegin insert client’send insert 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 clientbegin insert at the first in-person or telephonic solicitationend insert indicating that he or she is not abegin delete lawyerend deletebegin insert lawyer. Existing law requires the legal document assistant or unlawful detainer assistant to make similar statements if the prospective client initiates the first contactend insert 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 wouldbegin insert 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 statement 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 wouldend insert 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.begin insert 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.end insert The bill would require the “Notice to Consumer” to include this information.

begin insert

(7) This bill would repeal the provisions regulating the activities of legal document assistants and unlawful detainer assistants as of January 1, 2021.

end insert
begin delete

(7)

end delete

begin insert(8)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:

P5    1

SECTION 1.  

Section 6400 of the Business and Professions
2Code
is amended to read:

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,
6including any bankruptcy petition that may affect the unlawful
7detainer claim or action.

8(b) “Unlawful detainer claim” means a proceeding, filing, or
9action affecting rights or liabilities of any person that arises under
10Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of
11the Code of Civil Procedure and that contemplates an adjudication
12by a court.

13(c) “Legal document assistant” means:

14(1) Any person who is not exempted under Section 6401 and
15who provides, or assists in providing, or offers to provide, or offers
16to assist in providing, for compensation, any self-help service to
17a member of the public who is representing himself or herself in
18a legal matter, or who holds himself or herself out as someone who
19offers that service or has that authority. This paragraph does not
20apply to any individual whose assistance consists merely of
21secretarial or receptionist services.

22(2) A corporation, partnership, association, or other entity that
23employs or contracts with any person not exempted under Section
246401 who, as part of his or her responsibilities, provides, or assists
25in providing, or offers to provide, or offers to assist in providing,
26for compensation, any self-help service to a member of the public
27who is representing himself or herself in a legal matter or holds
28himself or herself out as someone who offers that service or has
29that authority. This paragraph does not apply to an individual
P6    1whose assistance consists merely of secretarial or receptionist
2services.

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

4(1) Completing legal documents in a ministerial manner, selected
5by a person who is representing himself or herself in a legal matter,
6by typing or otherwise completing the documents at the person’s
7specific direction.

8(2) Providing general published factual information that has
9been written or approved by an attorney, pertaining to legal
10procedures, rights, or obligations to a person who is representing
11himself or herself in a legal matter, to assist the person in
12representing himself or herself. This service in and of itself, shall
13not require registration as a legal document assistant.

14(3) Making published legal documents available to a person
15who is representing himself or herself in a legal matter.

16(4) Filing and serving legal forms and documents at the specific
17direction of a person who is representing himself or herself in a
18legal matter.

19(e) “Compensation” means money, property, or anything else
20of value.

21(f) A legal document assistant, including any legal document
22assistant employed by a partnership or corporation, shall not
23provide any self-help service for compensation, unless the legal
24document assistant is registered pursuant to Section 6402.

25(g) A legal document assistant may not provide any kind of
26advice, explanation, opinion, or recommendation to a consumer
27about possible legal rights, remedies, defenses, options, selection
28of forms, or strategies. A legal document assistant shall complete
29documents only in the manner prescribed by paragraph (1) of
30subdivision (d).

31begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 6401.7 is added to the end insertbegin insertBusiness and Professions
32Code
end insert
begin insert, to read:end insert

begin insert
33

begin insert6401.7.end insert  

This chapter shall remain in effect only until January
341, 2021, and as of that date is repealed.

end insert
35

begin deleteSEC. 2.end delete
36begin insertSEC. 3.end insert  

Section 6402 of the Business and Professions Code is
37amended to read:

38

6402.  

A legal document assistant or unlawful detainer assistant
39shall be registered pursuant to this chapter by the county clerk in
40the county in which his or her principal place of business is located,
P7    1and in which he or she maintains a branch office, and provide proof
2that the registrant has satisfied the bonding requirement of Section
36405. No person who has been disbarred or suspended from the
4practice of law pursuant to Article 6 (commencing with Section
56100) of Chapter 4 may, during the period of any disbarment or
6suspension, register as a legal document assistant or unlawful
7detainer assistant. The Department of Consumer Affairs shall
8develop the application required to be completed by a person for
9purposes of registration as a legal document assistant. The
10application shall specify the types of proof that the applicant shall
11provide to the county clerk in order to demonstrate the
12qualifications and requirements of Section 6402.1.

13

begin deleteSEC. 3.end delete
14begin insertSEC. 4.end insert  

Section 6402.2 is added to the Business and Professions
15Code
, to read:

16

6402.2.  

To be eligible to renew registration under this chapter,
17the registrant shall complete 15 hours of continuing legal education
18courses, which meet the requirements of Section 6070, during the
19two-year period precedingbegin delete renewal.end deletebegin insert renewal.end insert

20

begin deleteSEC. 4.end delete
21begin insertSEC. 5.end insert  

Section 6403 of the Business and Professions Code is
22amended to read:

23

6403.  

(a) The application for registration of a natural person
24shall contain all of the following statements about the applicant:

25(1) Name, age, address, and telephone number.

26(2) Whether he or she has been convicted of a felony, or of a
27misdemeanor under Section 6126 or 6127, or found liable under
28Section 6126.5.

29(3) Whether he or she has been held liable in a civil action by
30final judgment or entry of a stipulated judgment, if the action
31alleged fraud, the use of an untrue or misleading representation,
32or the use of an unfair, unlawful, or deceptive business practice.

33(4) Whether he or she has ever been convicted of a misdemeanor
34violation of this chapter.

35(5) Whether he or she has had a civil judgment entered against
36him or her in an action arising out of the applicant’s negligent,
37reckless, or willful failure to properly perform his or her obligation
38as a legal document assistant or unlawful detainer assistant.

39(6) Whether he or she has had a registration revoked pursuant
40to Section 6413.

P8    1(7) If the application is for a renewal of registration, a statement
2by the applicant that he or she has completed the legal education
3courses required by Section 6402.2.

4(b) The application for registration of a natural person shall be
5accompanied by the display of personal identification, such as a
6California driver’s license, birth certificate, or other identification
7acceptable to the county clerk to adequately determine the identity
8of the applicant.

9(c) The application for registration of a partnership or
10corporation shall contain all of the following statements about the
11applicant:

12(1) The names, ages, addresses, and telephone numbers of the
13general partners or officers.

14(2) Whether the general partners or officers have ever been
15convicted of a felony, or a misdemeanor under Section 6126 or
166127, or found liable under Section 6126.5.

17(3) Whether the general partners or officers have ever been held
18liable in a civil action by final judgment or entry of a stipulated
19judgment, if the action alleged fraud, the use of an untrue or
20misleading representation, or the use of an unfair, unlawful, or
21deceptive business practice.

22(4) Whether the general partners or officers have ever been
23convicted of a misdemeanor violation of this chapter.

24(5) Whether the general partners or officers have had a civil
25judgment entered against them in an action arising out of a
26negligent, reckless, or willful failure to properly perform the
27obligations of a legal document assistant or unlawful detainer
28assistant.

29(6) Whether the general partners or officers have ever had a
30registration revoked pursuant to Section 6413.

31(7) If the application is for a renewal of registration, a statement
32by the applicant that the individuals performing legal document
33assistant or unlawful detainer assistant services have completed
34the legal education courses required by Section 6402.2.

35(d) The applications made under this section shall be made under
36penalty of perjury.

37(e) The county clerk shall retain the application for registration
38for a period of three years following the expiration date of the
39application, after which time the application may be destroyed if
40it is scanned or if the conditions specified in Section 26205.1 of
P9    1the Government Code are met. If the application is scanned, the
2scanned image shall be retained for a period of 10 years, after
3which time that image may be destroyed and, notwithstanding
4Section 26205.1 of the Government Code, no reproduction thereof
5need be made or preserved.

6

begin deleteSEC. 5.end delete
7begin insertSEC. 6.end insert  

Section 6404 of the Business and Professions Code is
8amended to read:

9

6404.  

An applicant shall pay a fee of one hundred seventy-five
10dollars ($175) to the county clerk at the time he or she files an
11application for initial registration or renewal of registration. An
12additional fee of ten dollars ($10) shall be paid to the county clerk
13for each additional identification card.

14

begin deleteSEC. 6.end delete
15begin insertSEC. 7.end insert  

Section 6405 of the Business and Professions Code is
16amended to read:

17

6405.  

(a) (1) An application for a certificate of registration
18by an individual shall be accompanied by a bond of twenty-five
19thousand dollars ($25,000) executed by a corporate surety qualified
20to do business in this state and conditioned upon compliance with
21this chapter. The total aggregate liability on the bond shall be
22limited to twenty-five thousand dollars ($25,000).

23(2) An application for a certificate of registration by a
24partnership or corporation shall be accompanied by a bond executed
25by a corporate surety qualified to do business in this state and
26conditioned upon compliance with this chapter in the following
27amount, based on the total number of legal document assistants
28and unlawful detainer assistants employed by the partnership or
29corporation:

30(A) Twenty-five thousand dollars ($25,000) for one to four
31assistants.

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

33(C) One hundred thousand dollars ($100,000) for 10 or more
34assistants. An application for a certificate of registration by a
35person employed by a partnership or corporation shall be
36accompanied by a bond of twenty-five thousand dollars ($25,000)
37only if the partnership or corporation has not posted a bond in the
38amount required by this subdivision.

39(3) If a partnership or corporation increases the number of
40assistants it employs above the number stated in its application for
P10   1a certificate of registration, the partnership or corporation shall
2promptly increase the bond to the applicable amount in
3subparagraphs (B) or (C) of paragraph (2) based on the actual
4number of assistants it employs, and shall promptly submit the
5increased bond to the county clerk.

6(4) The bond may be terminated pursuant to Section 995.440
7of, and Article 13 (commencing with Section 996.310) of Chapter
82 of Title 14 of Part 2 of, the Code of Civil Procedure.

9(b) The county clerk shall, upon filing of the bond, deliver the
10bond forthwith to the county recorder for recording. The recording
11fee specified in Section 27361 of the Government Code shall be
12paid by the registrant. The fee may be paid to the county clerk who
13shall transmit it to the recorder.

14(c) The fee for filing, canceling, revoking, or withdrawing the
15bond is seven dollars ($7).

16(d) The county recorder shall record the bond and any notice
17of cancellation, revocation, or withdrawal of the bond, and shall
18thereafter mail the instrument, unless specified to the contrary, to
19the person named in the instrument and, if no person is named, to
20the party leaving it for recording. The recording fee specified in
21Section 27361 of the Government Code for notice of cancellation,
22revocation, or withdrawal of the bond shall be paid to the county
23clerk, who shall transmit it to the county recorder.

24(e) In lieu of the bond required by subdivision (a), a registrant
25may deposit the amount required by subdivision (a) in cash with
26the county clerk.

27(f) If the certificate is revoked, the bond or cash deposit shall
28be returned to the bonding party or depositor subject to subdivision
29(g) and the right of a person to recover against the bond or cash
30deposit under Section 6412.

31(g) The county clerk may retain a cash deposit until the
32expiration of three years from the date the registrant has ceased to
33do business, or three years from the expiration or revocation date
34of the registration, in order to ensure there are no outstanding
35claims against the deposit. A judge may order the return of the
36deposit prior to the expiration of three years upon evidence
37satisfactory to the judge that there are no outstanding claims against
38the deposit.

39(h) The bond required by this section shall be in favor of the
40State of California for the benefit of any person who is damaged
P11   1as a result of the violation of this chapter or by the fraud,
2dishonesty, or incompetency of an individual, partnership, or
3corporation registered under this chapter. The bond required by
4this section shall also indicate the name of the county in which it
5will be filed.

6

begin deleteSEC. 7.end delete
7begin insertSEC. 8.end insert  

Section 6406 of the Business and Professions Code is
8amended to read:

9

6406.  

(a) If granted, a certificate of registration shall be
10effective for a period of two years, until the date the bond expires,
11or until the total number of legal document assistants and unlawful
12detainer assistants employed by a partnership or corporation
13exceeds the number allowed for the amount of the bond in effect,
14whichever occurs first. Thereafter, a registrant shall file a new
15certificate of registration or a renewal of the certificate of
16registration and pay the fee required by Section 6404, and increase
17the amount of the bond if required to comply with subdivision (a)
18of Section 6405. A certificate of registration that is currently
19effective may be renewed up to 60 days prior to its expiration date
20and the effective date of the renewal shall be the date the current
21registration expires. The renewal shall be effective for a period of
22two years from the effective date or until the expiration date of the
23bond, or until the total number of legal document assistants and
24unlawful detainer assistants employed by a partnership or
25corporation exceeds the number allowed for the dollar amount of
26the bond in effect, whichever occurs first.

27(b) Except as provided in subdivisions (d) to (f), inclusive, an
28applicant shall be denied registration or renewal of registration if
29the applicant has been any of the following:

30(1) Convicted of a felony, or of a misdemeanor under Section
316126 or 6127, or found liable under Section 6126.5.

32(2) Held liable in a civil action by final judgment or entry of a
33stipulated judgment, if the action alleged fraud, or the use of an
34untrue or misleading representation, or the use of an unfair,
35unlawful, or deceptive business practice.

36(3) Convicted of a misdemeanor violation of this chapter.

37(4) Had a civil judgment entered against him or her in an action
38arising out of the applicant’s negligent, reckless, or willful failure
39to properly perform his or her obligation as a legal document
40assistant or unlawful detainer assistant.

P12   1(5) Had his or her registration revoked pursuant to Section 6413.

2(c) If the county clerk finds that the applicant has failed to
3demonstrate having met the requisite requirements of Section 6402,
46402.1, or 6402.2, or that any of the paragraphs of subdivision (b)
5apply, the county clerk, within three business days of submission
6of the application and fee, shall return the application and fee to
7the applicant with a notice to the applicant indicating the reason
8for the denial and the method of appeal.

9(d) The denial of an application may be appealed by the
10applicant by submitting, to the director, the following:

11(1) The completed application and notice from the county clerk
12specifying the reasons for the denial of the application.

13(2) A copy of any final judgment or order that resulted from
14any conviction or civil judgment listed on the application.

15(3) Any relevant information the applicant wishes to include
16for the record.

17(e) The director shall order the applicant’s certificate of
18registration to be granted if the director determines that the issuance
19of a certificate of registration is not likely to expose consumers to
20a significant risk of harm based on a review of the application and
21any other information relating to the applicant’s unlawful act or
22unfair practice described in paragraphs (1) to (5), inclusive, of
23subdivision (b). The director shall order the applicant’s certificate
24of registration to be denied if the director determines that issuance
25of a certificate of registration is likely to expose consumers to a
26significant risk of harm based on a review of the application and
27any other information relating to the applicant’s unlawful act or
28unfair practice described in paragraphs (1) to (5), inclusive, of
29subdivision (b). The director shall send to the applicant and the
30county clerk a written decision listing the reasons registration shall
31be granted or denied within 30 days of the submission of the matter.

32(f) If the director orders that the certificate of registration be
33granted, the applicant may resubmit the application, with the
34appropriate application fee and the written decision of the director.
35The county clerk shall grant the certificate of registration to the
36applicant within three business days of being supplied this
37information.

38

begin deleteSEC. 8.end delete
39begin insertSEC. 9.end insert  

Section 6407 of the Business and Professions Code is
40amended to read:

P13   1

6407.  

(a) The county clerk shall maintain a register of legal
2document assistants, and a register of unlawful detainer assistants,
3assign a unique number to each legal document assistant, or
4unlawful detainer assistant, and issue an identification card to each
5one. Upon renewal of registration, the same number shall be
6assigned, providedbegin insert that the applicant is renewing registration in
7the same county in which he or she was previously registered andend insert

8 there is no lapse of three or more years in the period of registration.

9(b) The identification card shall be a card not less thanbegin delete 3end deletebegin delete14end deletebegin insert three
10and one-quarterend insert
bybegin delete 2end deletebegin insert twoend insert inches, and shall contain at the top, the
11title “Legal Document Assistant” or “Unlawful Detainer Assistant,”
12as appropriate, followed by the registrant’s name, address,
13registration number, date of expiration, and county of registration.
14It shall also contain a photograph of the registrant in the lower left
15corner. The identification card for a partnership or corporation
16registration shall be issued in the name of the partnership or
17corporation, and shall not contain a photograph. The front of the
18card, above the title, shall also contain the following statement in
1912-point boldface type: “This person is not a lawyer.” The front
20of the card, at the bottom, shall also contain the following statement
21in 12-point boldface type: “The county clerk has not evaluated this
22person’s knowledge, experience, or services.”

23

begin deleteSEC. 9.end delete
24begin insertSEC. 10.end insert  

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

26

6408.  

The registrant’s name, business address, telephone
27number, registration number, and county of registration shall appear
28in any solicitation or advertisement, and on any printed papers or
29documents prepared or used by the registrant, including, but not
30limited to, contracts, letterhead, business cards, correspondence,
31documents, forms, claims, petitions, checks, receipts, and
32pleadings. The registrant’s name, business address, telephone
33number, registration number, expiration date of the registration,
34and county of registration shall appear on the written contract
35required to be provided to a client pursuant to Section 6410, as
36well as on any Internet Web site maintained by the registrant, and
37in any solicitation, advertisement, document, or correspondence
38prepared or used by the registrant in electronic form.

P14   1

begin deleteSEC. 10.end delete
2begin insertSEC. 11.end insert  

Section 6409.1 is added to the Business and
3Professions Code
, to read:

4

6409.1.  

Notwithstanding any other law, the venue for an action
5arising out of a dispute between a legal document assistant or
6unlawful detainer assistant and his or her client shall be the county
7in which the client has his or her primary residence.

8

begin deleteSEC. 11.end delete
9begin insertSEC. 12.end insert  

Section 6410 of the Business and Professions Code
10 is amended to read:

11

6410.  

(a) Every legal document assistant or unlawful detainer
12assistant who enters into a contract or agreement with a client to
13provide services shall, prior to providing any services, provide the
14client with a written contract, the contents of which shall be
15prescribed by regulations adopted by the Department of Consumer
16Affairs.

17(b) The written contract shall include all of the following
18provisions:

19(1) The services to be performed.

20(2) The costs of the services to be performed.

begin insert

21(3) The contact information of the county clerk’s office for the
22county in which the legal document assistant or unlawful detainer
23assistant is registered, including the address, phone number, and,
24if available, Internet Web site.

end insert
begin delete

34 25(3)

end delete

26begin insert(4)end insert There shall be printed on the face of the contract in 12-point
27boldface type a statement that the legal document assistant or
28unlawful detainer assistant is not an attorney and may not perform
29the legal services that an attorney performs.

begin delete

38 30(4)

end delete

31begin insert(5)end insert The contract shall contain a statement in 12-point boldface
32type that the county clerk has not evaluated or approved the
33registrant’s knowledge or experience, or the quality of the
34registrant’s services.

begin delete

3 35(5)

end delete

36begin insert(6)end insert The contract shall contain a statement in 12-point boldface
37type that the consumer may obtain information regarding free or
38low-cost representation through a local bar association or legal aid
39foundation and that the consumer may contact local law
40enforcement, a district attorney, or a legal aid foundation if the
P15   1consumer believes that he or she has been a victim of fraud, the
2unauthorized practice of law, or any other injury.

begin delete

10 3(6)

end delete

4begin insert(7)end insert The contract shall contain a statement in 12-point boldface
5type that a legal document assistant or unlawful detainer assistant
6is not permitted to engage in the practice of law, including
7providing any kind of advice, explanation, opinion, or
8recommendation to a consumer about possible legal rights,
9remedies, defenses, options, selection of forms, or strategies.

10(c) The contract shall be written both in English and in any other
11language comprehended by the client and principally used in any
12oral sales presentation or negotiation leading to execution of the
13contract. The legal document assistant or the unlawful detainer
14assistant is responsible for translating the contract into the language
15principally used in any oral sales presentation or negotiation
16leading to the execution of the contract.

17(d) A written contract entered into on or after January 1, 2016,
18shall contain a statement that, pursuant to Section 6409.1, the venue
19for an action arising out of a dispute between a legal document
20assistant or unlawful detainer assistant and his or her client shall
21be the county in which the client has his or her primary residence.

22(e) Failure of a legal document assistant or unlawful detainer
23assistant to comply with subdivisions (a), (b), (c), and (d) shall
24make the contract or agreement for services voidable at the option
25of the client. Upon the voiding of the contract, the legal document
26assistant or unlawful detainer assistant shall immediately return
27in full any fees paid by the client.

28(f) In addition to any other right to rescind, the client shall have
29the right to rescind the contract within 24 hours of the signing of
30the contract. The client may cancel the contract by giving the legal
31document assistant or the unlawful detainer assistant any written
32statement to the effect that the contract is canceled. If the client
33gives notice of cancellation by mail addressed to the legal
34document assistant or unlawful detainer assistant, with first-class
35postage prepaid, cancellation is effective upon the date indicated
36on the postmark. Upon the voiding or rescinding of the contract
37or agreement for services, the legal document assistant or unlawful
38detainer assistant shall immediately return to the client any fees
39paid by the client, except fees for services that were actually,
40necessarily, and reasonably performed on the client’s behalf by
P16   1the legal document assistant or unlawful detainer assistant with
2the client’s knowing and express written consent. The requirements
3of this subdivision shall be conspicuously set forth in the written
4contract.

5

begin deleteSEC. 12.end delete
6begin insertSEC. 13.end insert  

Section 6410.5 of the Business and Professions Code
7 is amended to read:

8

6410.5.  

(a) It is unlawful for any legal document assistant or
9unlawful detainer assistant, in the firstbegin delete in-person or telephonic
10solicitation ofend delete
begin insert contact withend insert a prospective client of legal document
11or unlawful detainer assistant services, to enter into a contract or
12agreement for services or accept any compensation unless the legal
13document assistant or the unlawful detainer assistant states orally,
14clearly, affirmatively and expressly all of the following, before
15making any other statement, except statements required by law in
16telephonic or home solicitations, and a greeting, or asking the
17prospective client any questions:

18(1) The identity of the person making the solicitation.

19(2) The trade name of the person represented by the person
20making the solicitation, if any.

21(3) The kind of services being offered for sale.

22(4) The statement: “I am not an attorney” and, if the person
23offering legal document assistant or unlawful detainer assistant
24services is a partnership or a corporation, or uses a fictitious
25business name, “[name] is not a law firm. I/we cannot represent
26you in court, advise you about your legal rights or the law, or select
27legal forms for you.”

28(5) The county in which the legal document assistant or unlawful
29detainer assistant is registered and his or her registration number.

30(6) The expiration date of the legal document assistant’s or
31unlawful detainer assistant’s current registration period.

32(b) begin deleteIf the first contact between a legal document assistant or an
33unlawful detainer assistant and a prospective client is initiated by
34the prospective client, it is unlawful for end delete
begin insertAfter the legal document
35assistant or unlawful detainer assistant makes the oral statements
36required pursuant to subdivision (a), and before end insert
the legal document
37assistant or unlawful detainer assistantbegin delete to enterend deletebegin insert entersend insert into a
38 contract or agreement for services or accept any begin delete compensation
39unless the legal document assistant or the unlawful detainer
40assistant states orally, clearly, affirmatively and expressly, during
P17   1that first contact, and before offering any contract or agreement
2for services to the prospective client, the following: “I am not an
3attorney [and, if the person offering legal document assistant or
4unlawful detainer assistant services is a partnership or a
5corporation, or uses a fictitious business name, “[name] is not a
6law firm.”] [I/We] cannot (1) represent you in court, (2) advise
7you about your legal rights or the law, or (3) select legal forms for
8you.” The legal document assistant or the unlawful detainer
9assistant shall also inform the prospective client of the county in
10which he or she, or the partnership or corporation, is registered,
11the registration number assigned by the county, and the expiration
12date of his or her, or of the partnership’s or corporation’s, current
13registration period. After making this statement, and before offering
14the prospective client a contract or agreement for services, a legal
15document assistant or unlawful detainer assistant who has made
16the statement in accordance with this subdivision may ask the
17prospective client to read theend delete
begin insert compensation, the legal document
18assistant or unlawful detainer assistant shall provide the
19prospective client with aend insert
“Notice to Consumer” set forthbegin delete below,
20and afterend delete
begin insert below. Afterend insert allowing the prospective client time to read
21the notice,begin delete mayend deletebegin insert the legal document assistant or unlawful detainer
22assistant shallend insert
ask the prospective client to sign and date the notice.
23begin insert If the first contact is not in person, the legal document assistant
24or unlawful detainer assistant shall provide the notice to the
25 prospective client at the first in-person meeting or mail the notice
26to the prospective client before entering into a contract or
27agreement for services or accepting any compensation.end insert
The notice
28shall be set forth in black, bold,begin delete 14-pointend deletebegin insert 12-pointend insert type on a
29separate, white, 812 by 11 inch sheet of paper which contains no
30other print or graphics, and shall be in the following form. The
31notice shall contain only the appropriate name or other designation
32from those indicated in brackets below. At the time a prospective
33client signs the notice and before that prospective client is offered
34any contract or agreement for signature, the legal document
35assistant or unlawful detainer assistant shall give the prospective
36client a clearly legible copy of the signed notice. A legal document
37assistant or unlawful detainer assistant shall not ask or require a
38prospective client or a client to sign any other form of
39acknowledgment 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.

 
begin insertTo 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].end insert
 

Choose one:

 

  Yes, [he/she] explained.

  No, [he/she] did not explain.

 

Date:

 

Signature:

 

begin insert

P19   1(c) The legal document assistant or unlawful detainer assistant
2shall be responsible for translating, if necessary, the “Notice to
3Consumer” required pursuant to subdivision (b) into the language
4principally used in any oral sales presentation or negotiation.

end insert
5

begin deleteSEC. 13.end delete
6begin insertSEC. 14.end insert  

Section 22355 of the Business and Professions Code
7 is amended to read:

8

22355.  

(a) The county clerk shall maintain a register of process
9servers and assign a number and issue an identification card to
10each process server. The county clerk shall issue a temporary
11identification card, for no additional fee, to applicants who are
12required to submit Request for Live Scan forms for background
13checks to the Federal Bureau of Investigation and the Department
14of Justice. This card shall be valid for 120 days. If clearance is
15received from the Federal Bureau of Investigation and the
16Department of Justice within 120 days, the county clerk shall
17immediately issue a permanent identification card to the applicant.
18Upon request of the applicant, the permanent identification card
19shall be mailed to the applicant at his or her address of record.
20Upon renewal of a certificate of registration, the same number
21shall be assigned, providedbegin insert that the applicant is renewing
22registration in the same county in which he or she was previously
23registered andend insert
there is no lapse of three or more years in the period
24of registration.

25(b) The temporary and permanent identification cards shall be
26not less than 314 inches by 2 inches and shall contain at the top
27the title, “Registered Process Server,” followed by the registrant’s
28name, address, registration number, date of expiration, and county
29of registration. In the case of a natural person, it shall also contain
30a photograph of the registrant in the lower left corner. The
31 identification card for a partnership or corporation registration
32shall be issued in the name of the partnership or corporation, and
33shall not contain a photograph.

34

begin deleteSEC. 14.end delete
35begin insertSEC. 15.end insert  

Section 22457 of the Business and Professions Code
36 is amended to read:

37

22457.  

(a) The county clerk shall maintain a register of
38professional photocopiers, assign a number to each professional
39photocopier, and issue an identification card to each one.
40Additional cards for employees of professional photocopiers shall
P20   1be issued upon the payment of a fee for each card in an amount
2sufficient to cover the reasonable regulatory costs associated with
3the issuance of additional cards, as determined by the county clerk.
4Upon renewal of registration, the same number shall be assigned,
5providedbegin insert that the applicant is renewing registration in the same
6county in which he or she was previously registered andend insert
there is
7no lapse of three or more years in the period of registration.

8(b) The identification card shall be a card not less thanbegin delete 3end deletebegin delete14end deletebegin insert three
9and one-quarterend insert
inches bybegin delete 2end deletebegin insert twoend insert inches, and shall contain at the
10top the title, “Professional Photocopier” followed by the registrant’s
11name, address, registration number, date of expiration, and county
12of registration. It shall also contain a photograph of the registrant
13in the lower left corner. The identification card for a partnership
14or corporation registration shall be issued in the name of the
15partnership or corporation, and shall not contain a photograph.
16The identification card for an employee of a professional
17photocopier or a partnership or corporation shall contain a
18photograph of the employee in the lower left corner.

19(c) The identification card for an employee of a professional
20photocopier or a partnership or corporation shall be issued in the
21name of the employee and include “Employee of: [insert name of
22the professional photocopier or the partnership or corporation].”

23

begin deleteSEC. 15.end delete
24begin insertSEC. 16.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution for certain
26costs that may be incurred by a local agency or school district
27because, in that regard, this act creates a new crime or infraction,
28eliminates a crime or infraction, or changes the penalty for a crime
29or infraction, within the meaning of Section 17556 of the
30Government Code, or changes the definition of a crime within the
31meaning of Section 6 of Article XIII B of the California
32Constitution.

33However, if the Commission on State Mandates determines that
34this act contains other costs mandated by the state, reimbursement
35to local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



O

    94