The 2006-2007 Cumulative Updates for 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 Execution, 2d Edition are posted online.

These were handed out at the PSI What's New for Process Servers Dinners in January, 2007. We sold out at some of our venues last January. Mark your calandars for January, 2008 for our next series of What's New for Process Servers Dinners.

The Yolo County District Attorney filed a complaint to enjoin a nuisance, namely activities of an "unincorporated association", a street the gang known as "The Broderick Boys".

The DA served one gang member, and a default judgment was obtained.

Four men specially appeared in the case to set aside the default judgment because, although they were not personally served, they were nevertheless affected by the order.

The court vacated the judgment based upon the DA's reliance on service of the gang as an "unincorporated association". An unincorporated association, for purposes of the service statute, must be an association formed for a lawful purpose. Because there was no evidence proferred that the street gang was formed for any lawful purpose, the method of service was inappropriate. Even if the gang qualified as an unincorporated association, service must be reasonably calculable in apprising all parties of the action. Without evidence that the person served had a managing rank or standing in the organization, the service was further deemed insufficient.

On January 27 and 28, 2007 CAPPS held a Strategic Planning Session in San Diego to forge a new direction for the association. There were several signficant changes proposed that will affect CAPPS members, including membership categories, dues, structure of the membership directory, marketing it to the general public, and even changing the name of the association.

If you are a CAPPS member, a summary of the Strategic Planning Session meeting was included in the Board of Directors Agenda Packet and is posted on the Members Only section of the CAPPS website under the March 2007 Board Agenda Metting Packets Link. The Board unanimously voted to post electronically submitted materials that appear in the Board Agenda Packet after each meeting. This will help members follow the association's activities.

If you haven't signed up before, you'll need your member number and password by calling CAPPS at 916/239-4065.

I urge every CAPPS member to pay attention to this proposal because if they are instituted it will dramatically change the association. A follow up meeting took place in Sacramento on Friday, June 8, 2007 to finalize some of the changes.

The CAPPS Board approved a portion of the plan to implement sweeping changes to CAPPS. Three main changes will be proposed in the form of bylaw amendments for consideration at the Annual Conference in So. Lake Tahoe on October 6, 2007.

 

1. Changing the name to California Association of Legal Support Professionals (CALSPro).
2. Reducing the number of persons serving on the Board of Directors from 13 to 9.
3. Changing the membership categories and dues amounts.

• Company (non-voting): $500
• Individual (voting): $200
• Associate (non-voting): $100
• Vendor (non-voting): $500

The NAPPS 2007 Annual Conference and Education Seminar was held in Portland from May 31, 2007 through Saturday June 2, 2007.

I made a presentation about Affidavits and Proofs of Service.

The presentation came a week after the article appeared "What is Proper Proof of Service?"

The article sparked another side discussion over what constitutes a "digital signature" vs. an "imaged signature." It appears that some process servers are using process serving software programs that apply an image of the server's signature to a proof of service so that it can be printed it in color so that the signature appears in blue, as though it were signed. If anyone other than the server is applying this image to the proof, it is still a forgery.

Digtal notarizations are being completed for real estate documents in some states, but I have never seen an affidavit of service done in this manner. If anyone can provide me with a sample of one, it would assist me in our research.