2006 Updates
to
The Registered Process Server’s Guide to Service of Process in California, 3d Edition
and
The Registered Process Server’s Guide to Service of Writs of Attachment and Writs of Execution, 2d Edition
Business and Professions Code
§ 22350 Registered Process Servers
Limits an attorney or employee of an attorney from serving under the exemption from registration as a process server to only service made when “related to cases for which the attorney is providing legal services.”
Civil Code
§ 1189 Notary Acknowledgement
California certificate of acknowledgment must be in the exact form set forth in Civil Code section 1189, rather than "substantially" in the form set forth therein. The form set forth in Civil Code section 1189 did not change, but variations in the California form are no longer permitted. (The law regarding acknowledgments to be used with documents to be filed in other states has not changed (Civil Code § 1189(c)).
Code of Civil Procedure
§ Small Claims Jurisdiction
Increases jurisdiction to $7500 for small claims court brought by a natural person. (2 case over $2500 per year limitation for actions remains)
§ 116.230 Small Claims Filing Fees
Increases filing fees for Small Claims cases from $30, $50, and $75 for cases involving amounts under $1500, over $1500, and for filing more that 12 in a calendar year.
§ 116.232 Small Claims Court Fees Service by Mail by Clerk Increases fee to $10.
§ 116.330 Small Claims Proof Service
A Proof of Service in a small Claims action must be filed 5 days prior to the court hearing.
§ 116.540 Common Interest Development
Allows a Common Interest Development Association to file a Small Claims Action.
§ 116.610 Limited Recoverable Costs for $7500 suits
The recoverable costs for serving a $7500 claim are limited to the amount paid if service was by mail ($10).
§ 411.20 Deficient Filing Fee
If the Clerk accept for filing a complaint or other first paper, and the check is returned, the Clerk shall give 20 day notice to cure before voiding the filing.
§ 412.10 Original Summons Filed
The original Summons shall be filed after issuance.
§ 415.21 Gated Community Access
A process server shall be given access to a gated community for service of a subpoena in addition to a Summons.
§ 417.30 Lost Summons
Repeals provision for a Lost Summons because a Summons will be issued and filed for all new cases.
§491.150 Filing Fee for Examination of Debtor in Another County
The filing fee for filing documents to examine a debtor in another county increases from $12 to the prevailing motion fee ($40).
§ 1283 Arbitrator may Order Letters Rogatory for Out-of-State Witness
An arbitrator may authorize a party seeking a deposition of an out-of-state witness to obtain a commission, letter rogatory or letter request from the Superior Court.
§1985.3 Consumer Notice to Client of Attorney
A Consumer Notice need not be served on the client of the attorney who subpoenas his or her own consumer records.
§1985.6 Employee Notice to Client of Attorney
An Employee Notice need not be served on the client of the attorney who subpoenas his or her own employment records.
Evidence Code
§ 1560 Removes a Judge Where Subpoenaed Records may be Left
Subpoenaed business records are to be delivered to the clerk of the court only, not the judge.
Government Code
§70603 Uniform Filing Fees, et seq. (Riverside, San Bernardino, and San Francisco excepted, not to exceed $50)
§ 70611 Plaintiff’s First Appearance Unlimited Civil Case $320
§ 70612 Defendant’s First Appearance Unlimited Civil Case $320
§ 70613 Plaintiff’s First Appearance Limited Civil Case $300
§ 70613(b) Plaintiff’s First Appearance Limited Civil Case Under $10,000 $180
§ 70614 Defendant’s First Appearance Limited Civil Case $300
§ 70614(b) Defendant’s First Appearance Limited Civil Case Under $10,000 $180
§ 70617 Filing fees for Motions $40
§ 70626 Fee to Issue a Writ, Abstract of Judgment, Certify a Copy $15
§
70627(a) Copies
$.50
Penal Code
§ 602 Trespass
Adds to trespass a passenger vessel
terminal and intentionally avoiding submission to screening and inspection at a courthouse
§ 4013 Service on a Prisoner
Authorizes service on an incarcerated person by anyone lawfully authorized serve process.
California Judicial Forms
Notice to Consumer or Employee and Objection
Civil Case Cover Sheet
Abstract of Judgment—Civil and Small Claims
Writ of Execution
Summons (Family Law)
Substitution of Attorney—Civil
Plaintiff’s Claim and ORDER to go to Small Claims Court (Small Claims)
Other Plaintiffs or Defendants (Small Claims)
Attorney Fee Dispute (After Arbitration) (attachment to claim and ORDER to go to small claims court)
Fictitious Business Name (Small Claims)
Proof of Service (Small Claims)
Proof of Mailing (Substituted Service) (Small Claims)
What Is “Proof of Service”? (Small Claims)
How to Serve a Business
Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims)
Other Plaintiffs or Defendants (Small Claims)
Federal Witness Fee
The Federal witness fees are calculated on a $40.00 per diem plus the mileage rate designated by the IRS. That rate is 44½¢ per mile, round trip and is added to the $40 per diem rate to result in the total witness fee.