2004 Updates to the RPS Guides

2004 Updates to the RPS Guides

CODE SECTIONS:

Civil Code § 798.45 - Mobile Home Notice re Unlawful Detainer - Adds a cause of action for eviction and specifies 12 pt. type and makes requirements for Three-Day Notice.

CCP § 116.130 - Who May File a Small Claims Action - Adds a Limited Liability Company to the list of entities authorized to file a Small Claims action.

CCP § 116.230 - Filing Fees - Increases to $60.00 actions for those filing more than 13 claims in a year; Fee will revert back to $35.00 on 7/1/06.

CCP § 116.250 - Small Claims Sessions - Authorizes Small Claims sessions to be held on any day except Saturday or a holiday. Authorizes a Small Claims session to be heard outside the county.

CCP § 116.530 - Who May Participate in a Small Claims Action - Clarifies when an attorney may participate in a Small Claims Action.

CCP § 116.870 - Small Claims Actions in Motor Vehicle Related Actions - Increases to $750.00 the amount of an unpaid judgment to initiate a DMV suspension.

CCP § 116.880 - Notice to DMV of Motor Vehicle Related Actions - Notice to DMV.

CCP § 415.20(a) - Substituted Service - Authorizes a business to be sub-served at a mailing address.

CCP § 415.50 - Publication - Authorizes a court to order service by publication in a newspaper in another state.

CCP § 415.95 - Business Organization, Form Unknown - Recognizes a Business Organization, Form Unknown as an entity upon which service may be made. Service may be on a person apparently in charge, and a copy must be mailed. No diligence is required. Service in this manner may not be used if the defendant is a corporation with an agent for service listed with the California Secretary of State.

CCP § 488.455 - Deposit Account - Attachment - Authorizes a financial institution to designate one location where service of an attachment may be made to reach all accounts within the county.

CCP § 681.030 - Exemptions - Judicial Council must provide debtors with exempt amounts and percentages that are adjusted every ten years.

CCP § 699.510 - Application for Writ of Execution - Priority given to writs for Child and Spousal Support Judgments.

CCP § 700.010 - List of Exemptions - Adjusted exempt amounts must be provided to debtors.

CCP § 700.140 - Deposit Account - Execution - Authorizes a financial institution to designate one location where service of a levy may be made to reach all accounts within the county.

CCP § 704.730 - Homeowners Exemption - Increases Homeowners Exemption to $150.000.00 for certain persons.

CCP § 706.030 - Earnings Withholding Orders for Support - Authorizes the employer to send withheld funds to levying officer or State Disbursement Unit.

Government Code § 26721.2 - Sheriff Fees for Service of a Summons and Complaint - Increases the fee for service of a summons and complaint to $30.00.

Government Code § 26738 - Sheriff Fees for Not-Found Returns - Increases the fee for Not-Found Returns to $30.00.

Government Code § 26746 - Attachment and Execution of a Safe-Deposit Box -

Increases the fee for levy to $125.00 a safe-deposit box.

Government Code § 26746 - Sheriff Check Disbursement Processing Fee - The Sheriff's disbursement fee for processing levied assets increases from $8.00 to $10.00, affecting line item 2c on the Notice of Levy form.

Government Code §§ 68097, 68097.1, 68097.2 - Witness Fees for Governmental Employees - Adds "trial court employees" and "any county employee" to the list of those who receive $150.00 witness fees.

APPELLATE DECISIONS/CASES:

Beck v. The Boeing Co., 320 F.3d 1021, 55 Fed. R.Serv. 3d, 9^th Cir. (Wash) (2003), Petition for review class action certification order is timely because Saturdays, Sundays and legal holidays are excluded from 10-day deadline.

Sprague v. County of San Diego, 106 CA 4th 119, 130 CR2d 517 (2003) Complaint challenging county's decision regarding subdivision of property must be served within 90 days of decision.

Nobel Farms, Inc. v. Pasero, 106 CA4th 654, 130 C.R.2d 881, (2003), Nonresident consented to personal jurisdiction in state by filing lawsuit arising from same transaction in state.

Kulshrestha v. First Union Commercial Corp., 107 CA 4th 415, 70 P3d 387, 135 CR2d 403, (2003), Summary Judgment against plaintiff was proper where plaintiff's declaration failed to meet requirements of CCP § 2015.5.

Mann v. American Airlines, ____ F.3d ____, 4/1/03 District Court had discretion to extend time to serve process after 120-day period expires.

Iliff v. Dustrud, 107 CA 4th 1201, 132 CR2d 848, (2003), Application for Renewal of Default Judgment was timely within 10-year period.

Consorzco Del Prosciutto Di Parma v. Domain Name Clearing Co. 346 F.3d 1193, 56 Fed.R.Serv. 3d 724 9^th Cir. (Cal), (2003), Defendant cannot Contest Default Judgment for First Time Under Appeal.

Busquets-Ivars v. Ashcroft, 333 F.3d 1008, 62 Fed.R.Serv. 3d 717, 9^th Cir. (Cal), (2003), INS failed to meet proper notice requirement because notice of removal hearing was addressed with wrong zip code.

Garrett v. Young, 109 CA 4th 1393, 1 C.R.3d 134, 68 Cal. Comp. Cases 1346, (2003), Information revealed by medical provider does not violate Confidentiality of Medical Information Act; no violation of constitutional right to privacy.

Denlinger v. Chinadotcom Corporation, 110 CA4th 1396, 2 CR3d 530, (2003), Hague Convention of Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters allows service of process by mail.

Mejia v. Reed, 31 C4th 657, 74 P.3d 166, 3 C.R. 3d 390 (2003) Transfer of property during dissolution of marriage may be set aside under Uniform Fraudulent Transfer Act.

Theofel v. Farrey-Jones 341 F.3d 978, 9^th Cir. (Cal), (2003), Defendants violated federal electronic privacy statute when they used unlawful subpoena to gain access to plaintiffs' e-mail.

Thomason v. Anderson, ____ CA4th ____, 11/13/03 Corp Code § 31420, a service of process provision in California Franchise Investment Law, does not create an independent basis for personal jurisdiction for out of state defendants.

FORMS

The California Judicial Council has created and modified a number of forms that California process servers see and use.

There are 2 new summons forms. The Civil Summons is one a one sided form with no proof of service on the back. The unlawful detainer summons is a pages, adding reference to an unlawful detainer assistant's participation in the preparation of the case. The UD summons also adds a capacity notice box to check whether the person served is an occupant, and a box for reference to CCP § 415.46, the service of a prejudgment claim of right to possession.

There is a mandatory Proof of Service of Summons form that must be used for both Civil and unlawful detainer services. The proof of service references the new capacity notice in the unlawful detainer summons, but is inconsistent with the Civil summons.

The latest change to the Proof of Service of Summons form (POS-010) was effective on July 1, 2004. It can be filled in and downloaded from their web site. You may save the proof of service you prepare if you have the full version of Adobe Acrobat.

The California Judicial Council also amended California Rule of Court § 982.9 regarding Computer-generated or typewritten forms of proof of service of summons and complaint, allowing Proofs of Service to be alternatively prepared on a computer.

A new Exemption from the Enforcement of Judgments form has been revised and updated, effective July 1, 2004, referring debtors to revised exemption amounts. This form is served on individual defendants and judgment debtors affected by attachments and levies.

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