6408.  The registrant's name, business address, telephone number,
registration number, and county of registration shall appear on any
solicitation or advertisement, and on any appropriate papers or
documents prepared or used by the registrant, including, but not
limited to, contracts, letterhead, business cards, correspondence,
documents, forms, claims, petitions, checks, receipts, money orders,
and pleadings.
   This section shall remain in effect only until January 1, 2003, or
the date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date, deletes or
extends that date.



6408.  The registrant's registration number and county of
registration shall appear on any solicitation or advertisement, and
on the registrant's work product, including, but not limited to,
letterhead, correspondence, documents, forms, claims, petitions,
checks, receipts, money orders, pleadings, and other papers relating
to unlawful detainer claims or actions.
   This section shall become operative January 1, 2003, or the date
the director suspends the requirements of this chapter applicable to
legal document assistants pursuant to Section 6416, whichever first
occurs.



6409.  No legal document assistant or unlawful detainer assistant
shall retain in his or her possession original documents of a client.
  A legal document assistant or an unlawful detainer assistant shall
immediately return all of a client's original documents to the client
in any one or more of the following circumstances:  if the client so
requests at any time; if the written contract required by Section
6410 is not executed or is rescinded, canceled, or voided for any
reason; or when the services described pursuant to paragraph (1) of
subdivision (b) of Section 6410 have been completed.
   This section shall remain in effect only until January 1, 2003, or
the date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date, deletes or
extends that date.


6409.  No unlawful detainer assistant shall retain in his or her
possession original documents of a client.
   This section shall become operative January 1, 2003, or the date
the director suspends the requirements of this chapter applicable to
legal document assistants pursuant to Section 6416, whichever first
occurs.



6410.  (a) Every legal document assistant or unlawful detainer
assistant who enters into a contract or agreement with a client to
provide services shall, prior to providing any services, provide the
client with a written contract, the contents of which shall be
prescribed by regulations adopted by the Department of Consumer
Affairs.
   (b) The written contract shall include provisions relating to the
following:
   (1) The services to be performed.
   (2) The costs of the services to be performed.
   (3) There shall be printed on the face of the contract in 12-point
boldface type a statement that the legal document assistant or
unlawful detainer assistant is not an attorney and may not perform
the legal services that an attorney performs.
   (4) The contract shall contain a statement in 12-point boldface
type that the county clerk has not evaluated or approved the
registrant's knowledge or experience, or the quality of the
registrant's services.
   (5) The contract shall contain a statement in 12-point boldface
type that the consumer may obtain information regarding free or
low-cost representation through a local bar association or legal aid
foundation and that the consumer may contact local law enforcement, a
district attorney, or a legal aid foundation if the consumer
believes that he or she has been a victim of fraud, the unauthorized
practice of law, or any other injury.
   (6) The contract shall contain a statement in 12-point boldface
type that a legal document assistant or unlawful detainer assistant
is not permitted to engage in the practice of law, including
providing any kind of advice, explanation, opinion, or recommendation
to a consumer about possible legal rights, remedies, defenses,
options, selection of forms, or strategies.
   (c) The provisions of the written contract shall be stated both in
English and in any other language comprehended by the client and
principally used in any oral sales presentation or negotiation
leading to execution of the contract.  The legal document assistant
or the unlawful detainer assistant shall be responsible for
translating the contract into the language principally used in any
oral sales presentation or negotiation leading to the execution of
the contract.
   (d) Failure of a legal document assistant or unlawful detainer
assistant to comply with subdivisions (a), (b), and (c) shall make
the contract or agreement for services voidable at the option of the
client.  Upon the voiding of the contract, the legal document
assistant or unlawful detainer assistant shall immediately return in
full any fees paid by the client.
   (e) In addition to any other right to rescind, the client shall
have the right to rescind the contract within 24 hours of the signing
of the contract.  The client may cancel the contract by giving the
legal document assistant or the unlawful detainer assistant any
written statement to the effect that the contract is canceled.  If
the client gives notice of cancellation by mail addressed to the
legal document assistant or unlawful detainer assistant, with
first-class postage prepaid, cancellation is effective upon the date
indicated on the postmark.  Upon the voiding or rescinding of the
contract or agreement for services, the legal document assistant or
unlawful detainer assistant shall immediately return to the client
any fees paid by the client, except fees for services that were
actually, necessarily, and reasonably performed on the client's
behalf by the legal document assistant or unlawful detainer assistant
with the client's knowing and express written consent.  The
requirements of this subdivision shall be conspicuously set forth in
the written contract.
   (f) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted  statute, that is enacted before that date, deletes
or extends that date.


6410.  (a) Every unlawful detainer assistant who enters into a
contract or agreement with a client to provide services shall, prior
to providing any services, provide the client with a written
contract, the contents of which shall be prescribed by regulations
adopted by the Department of Consumer Affairs.
   (b) The written contract shall include provisions relating to the
following:
   (1) The services to be performed.
   (2) The costs of the services to be performed.
   (3) There shall be printed on the face of the contract in 12-point
boldface type a statement that the unlawful detainer assistant is
not an attorney and may not perform the legal services that an
attorney performs.
   (c) The provisions of the written contract shall be stated both in
English and, if the client is non-English speaking, in the language
of the client.
   (d) Failure of an unlawful detainer assistant to comply with the
provisions of subdivisions (a), (b), and (c) shall make the contract
or agreement for services voidable at the option of the client.  Upon
the voiding of the contract, the unlawful detainer assistant shall
immediately return in full any fees paid by the client.
   (e) The client shall have the right to rescind the contract within
24 hours of the signing of the contract.  Upon the voiding or
rescinding of the contract or agreement for services, the unlawful
detainer assistant shall immediately return to the client any fees
paid by the client, except fees for services that were actually,
necessarily, and reasonably performed on the client's behalf by the
unlawful detainer assistant.  The requirements of this subdivision
shall be conspicuously set forth in the written contract in both
English and, if the client is non-English speaking, in the language
of the client.
   (f) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.



6411.  It is unlawful for any person engaged in the business or
acting in the capacity of a legal document assistant or unlawful
detainer assistant to do any of the following:
   (a) Make false or misleading statements to the consumer concerning
the subject matter, legal issues, or self-help service being
provided by the legal document assistant or unlawful detainer
assistant.
   (b) Make any guarantee or promise to a client or prospective
client, unless the guarantee or promise is in writing and the legal
document assistant or unlawful detainer assistant has a reasonable
factual basis for making the guarantee or promise.
   (c) Make any statement that the legal document assistant or
unlawful detainer assistant can or will obtain favors or has special
influence with a court, or a state or federal agency.
   (d) Provide assistance or advice which constitutes the unlawful
practice of law pursuant to Section 6125, 6126, or 6127.
   (e) Engage in the unauthorized practice of law, including, but not
limited to, giving any kind of advice, explanation, opinion, or
recommendation to a consumer about possible legal rights, remedies,
defenses, options, selection of forms, or strategies.  A legal
document assistant shall complete documents only in the manner
prescribed by subdivision (d) of Section 6400.
   (f) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.



6411.  It is unlawful for any person engaged in the business or
acting in the capacity of an unlawful detainer assistant to do any of
the following:
   (a) Make false or misleading statements to a client while
providing services to that client.
   (b) Make any guarantee or promise to a client, unless the
guarantee or promise is in writing and the unlawful detainer
assistant has some basis for making the guarantee or promise.
   (c) Make any statement that the unlawful detainer assistant can or
will obtain special favors or has special influence with a court, or
a state or federal agency.
   (d) Provide assistance or advice which constitutes the unlawful
practice of law pursuant to Section 6125, 6126, or 6127.
   (e) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.


6412.  (a) Any owner or manager of residential or commercial rental
property, tenant, or other person who is awarded damages in any
action or proceeding for injuries caused by the acts of a registrant
while in the performance of his or her duties as a legal document
assistant or unlawful detainer assistant may recover damages from the
bond or cash deposit required by Section 6405.
   (b) Whenever there has been a recovery against a bond or cash
deposit under subdivision (a) and the registration has not been
revoked pursuant to Section 6413, the registrant shall file a new
bond or deposit an additional amount of cash within 30 days to
reinstate the bond or cash deposit to the amount required by Section
6405.  If the registrant does not file a bond, or deposit this amount
within 30 days, his or her certificate of registration shall be
revoked.
   (c) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.



6412.  (a) Any owner or manager of residential or commercial rental
property, tenant, or other person who is awarded damages in any
action or proceeding for injuries caused by the acts of a registrant
while in the performance of his or her duties as an unlawful detainer
assistant may recover damages from the bond or cash deposit required
by Section 6405.
   (b) Whenever there has been a recovery against a bond or cash
deposit under subdivision (a) and the registration has not been
revoked pursuant to Section 6413, the registrant shall file a new
bond or deposit an additional amount of cash within 30 days to
reinstate the bond or cash deposit to the amount required by Section
6405.  If the registrant does not file a bond, or deposit this amount
within 30 days, his or her certificate of registration shall be
revoked.
   (c) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.



6412.1.  (a) Any person injured by the unlawful act of a legal
document assistant or unlawful detainer assistant shall retain all
rights and remedies cognizable under law.  The penalties, relief, and
remedies provided in this chapter are not exclusive, and do not
affect any other penalties, relief, and remedies provided by law.
   (b) Any person injured by a violation of this chapter by a legal
document assistant or unlawful detainer assistant may file a
complaint and seek redress in any municipal or superior court for
injunctive relief, restitution, and damages.  Attorney's fees shall
be awarded to the prevailing plaintiff.
   (c) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs, and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes
or extends that date.



6413.  The county clerk shall revoke the registration of a legal
document assistant or unlawful detainer assistant upon receipt of an
official document or record stating that the registrant has been
found guilty of the unauthorized practice of law pursuant to Section
6125, 6126, or 6127, has been found guilty of a misdemeanor violation
of this chapter, or that a civil judgment has been entered against
the registrant in an action arising out of the registrant's
negligent, reckless, or willful failure to properly perform his or
her obligation as a legal document assistant or unlawful detainer
assistant.  The county clerk shall be given notice of the disposition
in any court action by the city attorney, district attorney, or
plaintiff, as applicable.  A registrant whose registration is revoked
pursuant to this section may reapply for registration after three
years.
   This section shall remain in effect only until January 1, 2003, or
the date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date, deletes or
extends that date.



6413.  The county clerk shall revoke the registration of an unlawful
detainer assistant upon receipt of an official document or record
stating that the registrant has been found guilty of the unauthorized
practice of law pursuant to Section 6125, 6126, or 6127, has been
found guilty of a misdemeanor violation of this chapter, or that a
civil judgment has been entered against the registrant in an action
arising out of the registrant's failure to properly perform his or
her obligation as an unlawful detainer assistant.  The county clerk
shall be given notice of the disposition in any court action by the
city attorney, district attorney, or plaintiff, as applicable.  A
registrant whose registration is revoked pursuant to this section may
reapply for registration after one year.
   This section shall become operative January 1, 2003, or the date
the director suspends the requirements of this chapter applicable to
legal document assistants pursuant to Section 6416, whichever first
occurs.


6414.  A registrant whose certificate is revoked shall be entitled
to challenge the decision in a court of competent jurisdiction.



6415.  A failure, by a person who engages in acts of a legal
document assistant or unlawful detainer assistant, to comply with any
of the requirements of Section 6401.6, 6402, 6408, or 6410, or
subdivision (a), (b), or (c) of Section 6411 is punishable as a
misdemeanor punishable by a fine of not less than one thousand
dollars ($1,000) or more than two thousand dollars ($2,000), as to
each client with respect to whom a violation occurs, or imprisonment
for not more than one year, or by both that fine and imprisonment.
Payment of restitution to a client shall take precedence over payment
of a fine.
   This section shall remain in effect only until January 1, 2003, or
the date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date, deletes or
extends that date.



6415.  A failure, by a person who engages in acts of an unlawful
detainer assistant, to comply with any of the requirements of Section
6402 or 6408, or subdivision (a), (b), or (c) of Section 6411 is
punishable as a misdemeanor punishable by a fine of not less than one
thousand dollars ($1,000) or more than two thousand dollars
($2,000), as to each client with respect to whom a violation occurs,
or imprisonment for not more than one year, or by both that fine and
imprisonment.  Payment of restitution to a client shall take
precedence over payment of a fine.
   This section shall become operative January 1, 2003, or the date
the director suspends the requirements of this chapter applicable to
legal document assistants pursuant to Section 6416, whichever first
occurs.


6416.  The director may conduct an audit of all counties to
determine the number of legal document assistants registered pursuant
to this chapter.  The director may suspend the requirements of this
chapter applicable to legal document assistants if the director finds
that fewer than 200 legal document assistants have registered with
all county clerks by December 31, 2000.  Upon suspension of this
chapter by the director, unlawful detainer assistants shall be
subject to the remaining provisions of this chapter.
  This section shall remain in effect only until January 1, 2003, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2003, deletes or extends that date.