Bill Text: CA AB1865 | 2011-2012 | Regular Session | Chaptered
Bill Title: Residential tenancies: eviction: notices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-07 - Chaptered by Secretary of State - Chapter 241, Statutes of 2012. [AB1865 Detail]
Download: California-2011-AB1865-Chaptered.html
BILL NUMBER: AB 1865 CHAPTERED
BILL TEXT
CHAPTER 241
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2012
APPROVED BY GOVERNOR SEPTEMBER 7, 2012
PASSED THE SENATE AUGUST 13, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN ASSEMBLY APRIL 18, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Alejo
FEBRUARY 22, 2012
An act to amend Section 1161.2 of the Code of Civil Procedure,
relating to eviction.
LEGISLATIVE COUNSEL'S DIGEST
AB 1865, Alejo. Residential tenancies: eviction: notices.
Existing law governs unlawful detainer proceedings. Existing law
requires the clerk to mail a specified notice upon the filing of an
unlawful detainer action to each defendant named in the action and
requires the notice to contain the name and telephone number of the
county bar association as well as other legal services organizations
that provide services to low-income persons.
This bill would require that the notice described above contain,
in addition to the information on the county bar association, the
name and telephone number of any entity that requests inclusion on
the notice and demonstrates to the satisfaction of the court that it
is duly authorized by the State Bar as a lawyer referral service and
maintains a panel of attorneys qualified in the practice of
landlord-tenant law, as specified. The bill would also require the
notice to contain a specified statement that includes the telephone
number and Internet Web site address of the State Bar.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1161.2 of the Code of Civil Procedure is
amended to read:
1161.2. (a) The clerk may allow access to limited civil case
records filed under this chapter, including the court file, index,
and register of actions, only as follows:
(1) To a party to the action, including a party's attorney.
(2) To any person who provides the clerk with the names of at
least one plaintiff and one defendant and the address of the
premises, including the apartment or unit number, if any.
(3) To a resident of the premises who provides the clerk with the
name of one of the parties or the case number and shows proof of
residency.
(4) To any person by order of the court, which may be granted ex
parte, on a showing of good cause.
(5) Except as provided in paragraph (6), to any other person 60
days after the complaint has been filed, unless a defendant prevails
in the action within 60 days of the filing of the complaint, in which
case the clerk may not allow access to any court records in the
action, except as provided in paragraphs (1) to (4), inclusive.
(6) In the case of a complaint involving residential property
based on Section 1161a as indicated in the caption of the complaint,
as required in subdivision (c) of Section 1166, to any other person,
if 60 days have elapsed since the complaint was filed with the court,
and, as of that date, judgment against all defendants has been
entered for the plaintiff, after a trial. If judgment is not entered
under the conditions described in this paragraph, the clerk shall not
allow access to any court records in the action, except as provided
in paragraphs (1) to (4), inclusive.
(b) For purposes of this section, "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code. It is the intent of
the Legislature that a simple procedure be established to request the
ex parte order described in subdivision (a).
(c) Upon the filing of any case so restricted, the court clerk
shall mail notice to each defendant named in the action. The notice
shall be mailed to the address provided in the complaint. The notice
shall contain a statement that an unlawful detainer complaint
(eviction action) has been filed naming that party as a defendant,
and that access to the court file will be delayed for 60 days except
to a party, an attorney for one of the parties, or any other person
who (1) provides to the clerk the names of at least one plaintiff and
one defendant in the action and provides to the clerk the address,
including any applicable apartment, unit, or space number, of the
subject premises, or (2) provides to the clerk the name of one of the
parties in the action or the case number and can establish through
proper identification that he or she lives at the subject premises.
The notice shall also contain a statement that access to the court
index, register of actions, or other records is not permitted until
60 days after the complaint is filed, except pursuant to an order
upon a showing of good cause therefor. The notice shall contain on
its face the following information:
(1) The name and telephone number of the county bar association.
(2) The name and telephone number of any entity that requests
inclusion on the notice and demonstrates to the satisfaction of the
court that it has been certified by the State Bar as a lawyer
referral service and maintains a panel of attorneys qualified in the
practice of landlord-tenant law pursuant to the minimum standards for
a lawyer referral service established by the State Bar and Section
6155 of the Business and Professions Code.
(3) The following statement:
"The State Bar of California certifies lawyer referral services in
California and publishes a list of certified lawyer referral
services organized by county. To locate a lawyer referral service in
your county, go to the State Bar's website at www.calbar.ca.gov or
call 1-866-442-2529."
(4) The name and telephone number of an office or offices funded
by the federal Legal Services Corporation or qualified legal services
projects that receive funds distributed pursuant to Section 6216 of
the Business and Professions Code that provide legal services to
low-income persons in the county in which the action is filed. The
notice shall state that these numbers may be called for legal advice
regarding the case. The notice shall be issued between 24 and 48
hours of the filing of the complaint, excluding weekends and
holidays. One copy of the notice shall be addressed to "all occupants"
and mailed separately to the subject premises. The notice shall not
constitute service of the summons and complaint.
(d) Notwithstanding any other provision of law, the court shall
charge an additional fee of fifteen dollars ($15) for filing a first
appearance by the plaintiff. This fee shall be added to the uniform
filing fee for actions filed under this chapter.
(e) This section does not apply to a case that seeks to terminate
a mobilehome park tenancy if the statement of the character of the
proceeding in the caption of the complaint clearly indicates that the
complaint seeks termination of a mobilehome park tenancy.
