Hall of Justice:
- Criminal Clerk’s Office: Room 101
- Traffic Division Clerk’s Office: Room 145

Civic Center Courthouse:
- Civil Clerk’s Office: Room 103
- Unified Family Court Clerk’s Office: Room 402

Youth Guidance Center:
- Juvenile Delinquency Clerk’s Office: Room 101

Click here to view official announcement.

For more information please contact us at 831.384.4030 or visit us online at www.saylerlegal.com.

• 
  In observance of Memorial Day, all Federal, State and County Courts will be closed on Monday, May 30, 2011, 2011.
• The California Court of Appeal ruled on May 3, 2011 on the issue of the rebuttable presumption status of a proof of service signed by a registered process server under Evidence Code § 647.
• State of California, Second Appellate District, Div. 2, Palm Property Investments v. Yadegar Case No. B224040 (Los Angeles County Superior Court Case BC360360)
• As a condition precedent to the unlawful detainer action, a three-day notice to pay rent was served on the tenants by a registered process server. Although the defendants admitted receiving the notice in a letter through counsel, they filed a motion claiming that the plaintiff had failed to establish a prima facie case, and had not strictly complied with the Unlawful Detainer Act. The court sustained the defendant’s objection to the proffer of the proof of service of the notice as evidence, and ruled in favor of the defendant’s contention that the plaintiff did not meet its burden in establishing that the notice was properly served.
• The appellate court reviewed the trial court’s finding of fact to determine whether they were supported by the evidence. Because the conclusions of law were based on the evidence, the review was made de novo.
• Because the service was effected by a registered process server, the proof of service should have been admitted. Under Evidence Code §647, a registered process server’s proof of service established an evidentiary presumption, affecting the burden of producing evidence. Absent the defendant’s rebuttal evidence, the trier of fact must find for the plaintiff in accordance with the presumption. Therefore, the trial court erred in not applying the presumption. The judgment for the defendant was reversed, and the matter was remanded to the trial court for retrial.
• Source: Tony Klein, Process Server Institute You can find this opinion here: http://psinstitute.com/PalmvYadegar.pdf
• California Evidence Code Section 647 The return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.

• 
  In observance of Memorial Day, all Federal, State and County Courts will be closed on Monday, May 30, 2011, 2011.
  
  Sayler Legal Service, Inc. will also be closed. For more information please contact us at 831.384.4030 or visit us online at www.saylerlegal.com.

• 
  In observance of César Chávez Day, all Superior Courts will be closed on Thursday, March 31, 2011.
  
  All US District Courts and US Bankruptcy Courts will be open, with the exception of the Southern District (San Diego).
  
  Sayler Legal Service, Inc. will be open. Our monthly retainer court messenger service will not run on this date.
  
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  For more information please contact us at 831.384.4030 or visit us online at www.saylerlegal.com.

• 
  Effective January 1, 2011, writs of execution and writs of possession or sale must include a statement including whether the case is limited civil or unlimited civil.
  
  The designation of "limited" or "unlimited" should be added to the case number field of the writ form. The designation for small claims should be "limited"
  
  This requirement is a result of the passage of Assembly Bill 2394 (Ch. 680) which includes amendments to Code of Civil Procedure sections 699.520k and 712.020h.
  
  Failure to comply may result in the writ being rejected by the courts and/or the sheriff's department.
  
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  For more information please contact us at 831.384.4030 or visit us online at www.saylerlegal.com.

• 
  Friday, February 11th - Court Holiday Only (but not a County Holiday) ~ Therefore, the Clerk's Office is closed, but the Recorder's Office is open.
  
  Monday, February 21st - Court & County/State/Federal Holiday - Both the Clerk's Office & Recorder's Office are closed.
  
  Please note: We are open on February 11th, but our office is closed on February 21st.
  
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  For more information please contact us at 831.384.4030 or visit us online at www.saylerlegal.com.

• 
  Superior Court of California, County of Monterey (Civil Law and Motion) -Notice of Calendar Block - March 11, 2011
  
  Civil Law & Motion will experience a calendar block on March 11, 2011 -- Therefore, the cases ending in an even number for Courtroom 15 need to be "diverted or continued".
  
  If you have any questions, please contact Diana Valenzuela, Operations Manager for Monterey Superior Court.
  
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  For more information please contact us at 831.384.4030 or visit us online at www.saylerlegal.com.

• 
  Superior Court of California, County of Monterey (Civil Law and Motion) -Notice of Calendar Block - March 11, 2011
  
  Civil Law & Motion will experience a calendar block on March 11, 2011 -- Therefore, the cases ending in an even number for Courtroom 15 need to be "diverted or continued".
  
  If you have any questions, please contact Diana Valenzuela, Operations Manager for Monterey Superior Court.
  
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  For more information please contact us at 831.384.4030 or visit us online at www.saylerlegal.com.

• COURT ANNOUNCEMENT
  Superior Court of California, County of San Francisco
  Notice of Limited Services Days
  
  LIMITED SERVICE DATES
  
  The Clerk’s Offices will close to the public at 12 p.m. each Friday on these dates:
  - January 21, 28, 2011
  - February 4, 18, 25, 2011
  - March 4, 11, 18, 25, 2011
  - April 1, 8, 15, 22, 29, 2011
  - May 6, 13, 20, 27, 2011
  - June 3, 10, 17, 24, 2011
  - July 1, 8, 2011
  
  All of the clerk’s offices will be affected. These clerk’s offices are located at:
  - Civil Clerk’s Office, 400 McAllister Street, Civic Center Courthouse (CCC), Room 103;
  - Unified Family Court Clerk’s Office, 400 McAllister Street, CCC, Room 402;
  - Criminal Clerk’s Office, 850 Bryant Street, Hall of Justice (HOJ), Room 101;
  - Traffic Court Division, 850 Bryant Street, HOJ, Room 145; and
  - Juvenile Delinquency Clerk’s Office, 375 Woodside Avenue, Youth Guidance Center, Room 101.
  
  Drop boxes will be available outside each main entrance of all Clerk’s Offices between 12 p.m. and close of business. Documents received in the drop box by close of business will be processed with a same-day filing date.
  - On Limited Service Days, the Criminal Clerk’s Office at the Hall of Justice will be open from 8 a.m. to 12 p.m. All other weekdays that are not court holidays, the Criminal Clerk’s Office is open 8 a.m. to 4:30 p.m.
  - On Limited Service Days, the Civil Clerk’s Office at CCC will be open 8 a.m. to 12 p.m. All other weekdays that are not court holidays, the Civil Clerk’s Office is open 8 a.m. to 4 p.m.
  - On Limited Service Days, the Traffic Court Division at the HOJ will be open from 8 a.m. to 12 p.m. All other weekdays that are not court holidays, the Traffic Court Division is open from 8 a.m. to 4:30 p.m.
  - On Limited Service Days, the Unified Family Court (UFC) Clerk’s Office at CCC will be open 8 a.m. to 12 p.m. All other weekdays that are not court holidays, the UFC Clerk’s Office is open 8 a.m. to 4 p.m.
  - On Limited Service Days, the Juvenile Delinquency Clerk’s Office at the Youth Guidance Center will be open 8 a.m. to 12 p.m. All other weekdays that are not court holidays, the Juvenile Delinquency Clerk’s Office is open 8 a.m. to 12 p.m. and 1 to 4 p.m.
  
  For more information contact Ann Donlan, Communications Director at: (415) 551-5957

Click here for printable version.

January 3, 2011 - GUIDELINES FOR FAMILY LAW CASES - DEPT. 13 - MEMO FROM HON. SUSAN J. MATCHAM

Please see the attached GUIDELINES FOR FAMILY LAW CASES - DEPARTMENT 13 memo from Hon. Susan J. Matcham. These guidelines will be in effect beginning January 3, 2011 in Department 13. If you have any questions please contact Department 13 Courtroom Clerk Lonnette Dorsey at 647-5434.

Click here for printable version.

Sayler Legal Services observes the following Holiday Schedule for 2010 and 2011.

- December 24, 2010 - Christmas Eve: Closed all day (Friday)
- December 31, 2010 - New Year's Eve: Closed all day (Friday)
- January 17, 2011 - Dr. Martin Luther King Jr.'s Birthday: Closed all
  day (Monday)
- February 21, 2011 - President’s Day: Closed all day (Monday)
- May 30, 2011 - Memorial Day: Closed all day (Monday)
- July 4, 2011 - Independence Day: Closed all day (Monday)
- September 5, 2011 - Labor Day: Closed all day (Monday)
- November 11, 2011 - Veteran's Day: Closed all day (Friday)
- November 24, 2011 - Thanksgiving: Closed all day (Thursday)
- November 25, 2011 - Thanksgiving: Closed all day (Friday)
- December 26, 2011 - Christmas: Closed all day (Monday)

Click here for printable version.

For more information please contact us at 831.384.4030.

New filing fees are now in effect!

The Governor has signed SB 857 and the new filing fees are now in effect. Each county will begin collection of the new fees as soon as they can update their systems. The new fees are outlined below:

1. First appearance in an unlimited civil action
   (over $25,000.00), Family law petitions, and Probate petitions by plaintiff(s) and each defendant will increase to $395.00. This fee increase applies to all types of filings in which the previous fee was $355.00 (civil, probate, family, etc…)
2. First appearance in a limited action ($10,000.00 up to $25,000.00) by plaintiff(s) and each defendant will increase to $370.00
3. First appearance in a limited action (under $10,000.00) by plaintiff(s) and each defendant will increase to $220.00
   
   Note: The above fees do not include the additional fees required for Unlawful Detainer filings (additional $15.00) or the surcharges imposed in Riverside County, San Bernardino County, or the City and County of San Francisco.
    
4. Motion for Summary Judgment/Adjudication will increase to $500.00
5. Application by counsel to appear Pro Hac Vice will increase to $500.00
6. Adds an additional $3.00 penalty to every parking violation
7. Additional increases in various criminal penalties and traffic fines
8. A fee for telephonic appearances (a fee payable to the court in addition to fees paid to vendors). Fee has not been determined yet. An additional notice will be sent once we learn what this fee will be set at.

For additional information regarding California's new legal filing fees please call your Sayler Legal Services - Your Full Service Legal Support Team at (831) 384-4030.

Beginning on Friday, July 2, 2010, The Civil Department of the Santa Cruz Superior Court will be closing at 2 p.m. instead of 3 p.m. To accommodate this earlier closure, our cutoff time for receiving documents for same day filing will be moved from 1 p.m. to 12 noon on Fridays only. The cutoff time for Monday through Thursday will remain at 1 p.m., as the clerk's office will still be open until 3 p.m. on those days.

The Monterey County Law Library is proud to announce that they have gone wireless. Bring your laptop to Monterey or Salinas Law Library and check your email, while having access to online databases. They currently carry Shepards, CEB OnLaw, Westlaw and LexisNexis. If you need to print, send attachments to yourself and print from their computer. The Law Libraries are open 8:30 a.m. to 4:30 p.m. Monday thru Friday. They also provide a copy machine with .10 cent copies.

Per legislation (SBX4 13) and the Judicial Council of California, the Supreme Court, Courts of Appeal and Superior Courts of the State of California will be closed on the third Wednesday of each month. The court closures will begin on September 16, 2009 and continue through June 16, 2010.  learn more

Pursuant to a directive by the California Judicial Council, the Santa Cruz Superior Court, along with all other Superior courts throughout the state, will be closed on the third Wednesday of each month beginning in September through the end of the fiscal year. Below is a list of the closure days.

In response to the unprecedented statewide fiscal crisis and judicial branch budget reductions, the Judicial Council of California recently approved the closure of all state courts on the 3rd Wednesday of each month, from September 2009 through June 2010. Accordingly, Monterey County Superior Court will close all courts for official business in Salinas, Monterey, Marina, King City and Juvenile Court locations.  learn more