Bill Text: CA AB2881 | 2015-2016 | Regular Session | Chaptered
Bill Title: Civil law: omnibus.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State - Chapter 703, Statutes of 2016. [AB2881 Detail]
Download: California-2015-AB2881-Chaptered.html
BILL NUMBER: AB 2881 CHAPTERED
BILL TEXT
CHAPTER 703
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 18, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 28, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Committee on Judiciary (Assembly Members Mark Stone
(Chair), Alejo, Chau, Chiu, Cristina Garcia, Holden, and Ting)
FEBRUARY 25, 2016
An act to amend Section 21707 of the Business and Professions
Code, to amend Sections 1942.5, 2924f, 3440.1, and 3440.5 of the
Civil Code, to amend Sections 273, 664.5, and 701.540 of the Code of
Civil Procedure, to amend Section 6105 of the Commercial Code, to
amend Sections 1001, 6008, and 71380 of, to amend the heading of
Article 2 (commencing with Section 71042.5) of Chapter 6 of Title 8
of, to add Chapter 1.1 (commencing with Section 6080) to Division 7
of Title 1 of, and to repeal Sections 71042.5 and 71042.6 of, the
Government Code, to amend Section 1462.5 of the Penal Code, to amend
Section 8402 of the Probate Code, to amend Sections 3381, 3702, and
3703 of the Revenue and Taxation Code, and to amend Section 5270.50
of the Welfare and Institutions Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
AB 2881, Committee on Judiciary. Civil law: omnibus.
(1) Existing law requires the publication of notice in set
boundaries known as judicial districts in different contexts,
including in connection with lien sales and sales pursuant to a
mortgage or deed of trust. Existing law provides for the preservation
of judicial districts following the unification of municipal and
superior courts.
This bill would repeal provisions regarding the preservation of
judicial districts, described above, and would establish public
notice districts as the place for the publication of notice. The bill
would also make conforming revisions to statutes requiring
publication of notice in former judicial districts.
(2) Existing law provides that the report of the official reporter
or official reporter pro tempore of any court, as specified, when
transcribed and certified as being a correct transcript of the
testimony and proceedings in a case, is prima facie evidence of that
testimony and proceedings. Existing law, until January 1, 2017,
prohibits the instant visual display of the testimony or proceedings,
or both, from being certified or used, cited, distributed, or
transcribed as the official certified transcript of the proceedings
and from being cited or used to rebut or contradict the official
certified transcript of the proceedings.
This bill would extend the repeal date of the provision pertaining
to the instant visual display of the testimony or proceedings until
January 1, 2022.
(3) Existing law requires a party submitting an order or judgment
in any contested action or special proceeding, as specified, to
prepare and mail a copy of the notice of entry of judgment to all
parties who have appeared in the action or proceeding.
This bill would, instead, require the party submitting an order or
judgment to serve a copy of the notice of entry of judgment by
personal delivery or by mail.
(4) Existing law pertaining to public officers and employees
classifies executive officers as either civil or military and lists
the civil executive officers.
This bill would add to that list persons serving on boards or
commissions created under the laws of the state or established under
the State Constitution.
(5) Existing law requires the Controller to establish and
supervise a uniform accounting system, including a system of audits,
to ensure the proper distribution and accounting of all fines,
penalties, forfeitures, and fees assessed by courts.
This bill would require the Controller to establish and maintain
trial court revenue distribution guidelines, including a program to
audit the accuracy of distributions, to ensure that fines, penalties,
forfeitures, and fees assessed by the court are collected and
properly accounted for and disbursed. The bill would also make
technical and conforming changes.
(6) Existing law relating to the administration of the estates of
decedents provides that a person has no power to administer an estate
until he or she is appointed personal representative and the
appointment becomes effective. Existing law provides that a person is
not competent to act as personal representative in specified
circumstances, including that he or she is a surviving partner of the
decedent and an interested person objects to the appointment.
This bill would specify that a person is not competent to act as a
personal representative if, among other things, he or she is a
surviving business partner of the decedent and an interested person
objects to the appointment.
(7) Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary detention and treatment of any person with a mental
disorder who, as a result of the mental disorder, is a danger to
others or to himself or herself or is gravely disabled. Existing law,
if specified conditions are met, exempts the professional person in
charge of the facility providing intensive treatment, his or her
designee, and the professional person directly responsible for the
person's treatment from civil or criminal liability for any action by
a person released before or at the end of 30 days.
This bill would also exempt the attorney or advocate representing
the person, the court-appointed commissioner or referee, the
certification review hearing officer conducting the certification
review hearing, or the peace officer responsible for detaining the
person from civil or criminal liability for any action by a person
released at or before the end of the 30 days of intensive treatment.
(8) This bill would incorporate additional changes to Section
1942.5 of the Civil Code proposed by AB 551 that would become
operative only if this bill and AB 551 are chaptered and become
effective on or before January 1, 2017, and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21707 of the Business and Professions Code is
amended to read:
21707. (a) After the expiration of the time given in the notice
of lien sale, pursuant to subdivision (b) of Section 21705, or
following the failure of a claimant to pay rent or obtain a court
order pursuant to Section 21709, an advertisement of the sale shall
be published once a week for two weeks consecutively in a newspaper
of general circulation published in the public notice district where
the sale is to be held. The advertisement shall include a general
description of the goods, the name of the person on whose account
they are being stored, and the name and location of the storage
facility. If there is no newspaper of general circulation published
in the public notice district where the sale is to be held, the
advertisement shall be posted at least 10 days before the sale in not
less than six conspicuous places in the neighborhood of the proposed
sale. The sale shall be conducted in a commercially reasonable
manner. After deducting the amount of the lien and costs of sale, the
owner shall retain any excess proceeds of the sale on the occupant's
behalf. The occupant, or any other person having a court order or
other judicial process against the property, may claim the excess
proceeds, or a portion thereof sufficient to satisfy the particular
claim, at any time within one year of the date of sale. Thereafter,
the owner shall pay any remaining excess proceeds to the treasury of
the county in which the sale was held.
(b) For the purposes of this section, publication of notice in a
public notice district is governed by Chapter 1.1 (commencing with
Section 6080) of Division 7 of Title 1 of the Government Code.
SEC. 2. Section 1942.5 of the Civil Code is amended to read:
1942.5. (a) If the lessor retaliates against the lessee because
of the exercise by the lessee of his or her rights under this chapter
or because of his or her complaint to an appropriate agency as to
tenantability of a dwelling, and if the lessee of a dwelling is not
in default as to the payment of his or her rent, the lessor may not
recover possession of a dwelling in any action or proceeding, cause
the lessee to quit involuntarily, increase the rent, or decrease any
services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given
notice pursuant to Section 1942, or has made an oral complaint to
the lessor regarding tenantability.
(2) After the date upon which the lessee, in good faith, has filed
a written complaint, or an oral complaint which is registered or
otherwise recorded in writing, with an appropriate agency, of which
the lessor has notice, for the purpose of obtaining correction of a
condition relating to tenantability.
(3) After the date of an inspection or issuance of a citation,
resulting from a complaint described in paragraph (2) of which the
lessor did not have notice.
(4) After the filing of appropriate documents commencing a
judicial or arbitration proceeding involving the issue of
tenantability.
(5) After entry of judgment or the signing of an arbitration
award, if any, when in the judicial proceeding or arbitration the
issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest
applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke subdivision (a) more than once in any
12-month period.
(c) Notwithstanding subdivision (a), it is unlawful for a lessor
to increase rent, decrease services, cause a lessee to quit
involuntarily, bring an action to recover possession, or threaten to
do any of those acts, for the purpose of retaliating against the
lessee because he or she has lawfully organized or participated in a
lessees' association or an organization advocating lessees' rights or
has lawfully and peaceably exercised any rights under the law. In an
action brought by or against the lessee pursuant to this
subdivision, the lessee shall bear the burden of producing evidence
that the lessor's conduct was, in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any
way the exercise by the lessor of his or her rights under any lease
or agreement or any law pertaining to the hiring of property or his
or her right to do any of the acts described in subdivision (a) or
(c) for any lawful cause. Any waiver by a lessee of his or her rights
under this section is void as contrary to public policy.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor
may recover possession of a dwelling and do any of the other acts
described in subdivision (a) within the period or periods prescribed
therein, or within subdivision (c), if the notice of termination,
rent increase, or other act, and any pleading or statement of issues
in an arbitration, if any, states the ground upon which the lessor,
in good faith, seeks to recover possession, increase rent, or do any
of the other acts described in subdivision (a) or (c). If the
statement is controverted, the lessor shall establish its truth at
the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section
shall be liable to the lessee in a civil action for all of the
following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred
dollars ($100) nor more than two thousand dollars ($2,000) for each
retaliatory act where the lessor or agent has been guilty of fraud,
oppression, or malice with respect to that act.
(g) In any action brought for damages for retaliatory eviction,
the court shall award reasonable attorney's fees to the prevailing
party if either party requests attorney's fees upon the initiation of
the action.
(h) The remedies provided by this section shall be in addition to
any other remedies provided by statutory or decisional law.
SEC. 2.5. Section 1942.5 of the Civil Code is amended to read:
1942.5. (a) If the lessor retaliates against the lessee because
of the exercise by the lessee of his or her rights under this chapter
or because of his complaint to an appropriate agency as to
tenantability of a dwelling, and if the lessee of a dwelling is not
in default as to the payment of his or her rent, the lessor may not
recover possession of a dwelling in any action or proceeding, cause
the lessee to quit involuntarily, increase the rent, or decrease any
services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given
notice pursuant to Section 1942, has provided notice of a suspected
bed bug infestation, or has made an oral complaint to the lessor
regarding tenantability.
(2) After the date upon which the lessee, in good faith, has filed
a written complaint, or an oral complaint which is registered or
otherwise recorded in writing, with an appropriate agency, of which
the lessor has notice, for the purpose of obtaining correction of a
condition relating to tenantability.
(3) After the date of an inspection or issuance of a citation,
resulting from a complaint described in paragraph (2) of which the
lessor did not have notice.
(4) After the filing of appropriate documents commencing a
judicial or arbitration proceeding involving the issue of
tenantability.
(5) After entry of judgment or the signing of an arbitration
award, if any, when in the judicial proceeding or arbitration the
issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest
applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke subdivision (a) more than once in any
12-month period.
(c) Notwithstanding subdivision (a), it is unlawful for a lessor
to increase rent, decrease services, cause a lessee to quit
involuntarily, bring an action to recover possession, or threaten to
do any of those acts, for the purpose of retaliating against the
lessee because he or she has lawfully organized or participated in a
lessees' association or an organization advocating lessees' rights or
has lawfully and peaceably exercised any rights under the law. In an
action brought by or against the lessee pursuant to this
subdivision, the lessee shall bear the burden of producing evidence
that the lessor's conduct was, in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any
way the exercise by the lessor of his or her rights under any lease
or agreement or any law pertaining to the hiring of property or his
or her right to do any of the acts described in subdivision (a) or
(c) for any lawful cause. Any waiver by a lessee of his or her rights
under this section is void as contrary to public policy.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor
may recover possession of a dwelling and do any of the other acts
described in subdivision (a) within the period or periods prescribed
therein, or within subdivision (c), if the notice of termination,
rent increase, or other act, and any pleading or statement of issues
in an arbitration, if any, states the ground upon which the lessor,
in good faith, seeks to recover possession, increase rent, or do any
of the other acts described in subdivision (a) or (c). If the
statement is controverted, the lessor shall establish its truth at
the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section
shall be liable to the lessee in a civil action for all of the
following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred
dollars ($100) nor more than two thousand dollars ($2,000) for each
retaliatory act where the lessor or agent has been guilty of fraud,
oppression, or malice with respect to that act.
(g) In any action brought for damages for retaliatory eviction,
the court shall award reasonable attorney's fees to the prevailing
party if either party requests attorney's fees upon the initiation of
the action.
(h) The remedies provided by this section shall be in addition to
any other remedies provided by statutory or decisional law.
SEC. 3. Section 2924f of the Civil Code is amended to read:
2924f. (a) As used in this section and Sections 2924g and 2924h,
"property" means real property or a leasehold estate therein, and
"calendar week" means Monday through Saturday, inclusive.
(b) (1) Except as provided in subdivision (c), before any sale of
property can be made under the power of sale contained in any deed of
trust or mortgage, or any resale resulting from a rescission for a
failure of consideration pursuant to subdivision (c) of Section
2924h, notice of the sale thereof shall be given by posting a written
notice of the time of sale and of the street address and the
specific place at the street address where the sale will be held, and
describing the property to be sold, at least 20 days before the date
of sale in one public place in the city where the property is to be
sold, if the property is to be sold in a city, or, if not, then in
one public place in the county seat of the county where the property
is to be sold, and publishing a copy once a week for three
consecutive calendar weeks.
(2) The first publication to be at least 20 days before the date
of sale, in a newspaper of general circulation published in the city
in which the property or some part thereof is situated, if any part
thereof is situated in a city, if not, then in a newspaper of general
circulation published in the public notice district in which the
property or some part thereof is situated, or in case no newspaper of
general circulation is published in the city or public notice
district, as the case may be, in a newspaper of general circulation
published in the county in which the property or some part thereof is
situated, or in case no newspaper of general circulation is
published in the city or public notice district or county, as the
case may be, in a newspaper of general circulation published in the
county in this state that is contiguous to the county in which the
property or some part thereof is situated and has, by comparison with
all similarly contiguous counties, the highest population based upon
total county population as determined by the most recent federal
decennial census published by the Bureau of the Census. For the
purposes of this section, publication of notice in a public notice
district is governed by Chapter 1.1 (commencing with Section 6080) of
Division 7 of Title 1 of the Government Code.
(3) A copy of the notice of sale shall also be posted in a
conspicuous place on the property to be sold at least 20 days before
the date of sale, where possible and where not restricted for any
reason. If the property is a single-family residence the posting
shall be on a door of the residence, but, if not possible or
restricted, then the notice shall be posted in a conspicuous place on
the property; however, if access is denied because a common entrance
to the property is restricted by a guard gate or similar impediment,
the property may be posted at that guard gate or similar impediment
to any development community.
(4) The notice of sale shall conform to the minimum requirements
of Section 6043 of the Government Code and be recorded with the
county recorder of the county in which the property or some part
thereof is situated at least 20 days prior to the date of sale.
(5) The notice of sale shall contain the name, street address in
this state, which may reflect an agent of the trustee, and either a
toll-free telephone number or telephone number in this state of the
trustee, and the name of the original trustor, and also shall contain
the statement required by paragraph (3) of subdivision (c). In
addition to any other description of the property, the notice shall
describe the property by giving its street address, if any, or other
common designation, if any, and a county assessor's parcel number;
but if the property has no street address or other common
designation, the notice shall contain a legal description of the
property, the name and address of the beneficiary at whose request
the sale is to be conducted, and a statement that directions may be
obtained pursuant to a written request submitted to the beneficiary
within 10 days from the first publication of the notice. Directions
shall be deemed reasonably sufficient to locate the property if
information as to the location of the property is given by reference
to the direction and approximate distance from the nearest
crossroads, frontage road, or access road. If a legal description or
a county assessor's parcel number and either a street address or
another common designation of the property is given, the validity of
the notice and the validity of the sale shall not be affected by the
fact that the street address, other common designation, name and
address of the beneficiary, or the directions obtained therefrom are
erroneous or that the street address, other common designation, name
and address of the beneficiary, or directions obtained therefrom are
omitted.
(6) The term "newspaper of general circulation," as used in this
section, has the same meaning as defined in Article 1 (commencing
with Section 6000) of Chapter 1 of Division 7 of Title 1 of the
Government Code.
(7) The notice of sale shall contain a statement of the total
amount of the unpaid balance of the obligation secured by the
property to be sold and reasonably estimated costs, expenses,
advances at the time of the initial publication of the notice of
sale, and, if republished pursuant to a cancellation of a cash
equivalent pursuant to subdivision (d) of Section 2924h, a reference
of that fact; provided, that the trustee shall incur no liability for
any good faith error in stating the proper amount, including any
amount provided in good faith by or on behalf of the beneficiary. An
inaccurate statement of this amount shall not affect the validity of
any sale to a bona fide purchaser for value, nor shall the failure to
post the notice of sale on a door as provided by this subdivision
affect the validity of any sale to a bona fide purchaser for value.
(8) (A) On and after April 1, 2012, if the deed of trust or
mortgage containing a power of sale is secured by real property
containing from one to four single-family residences, the notice of
sale shall contain substantially the following language, in addition
to the language required pursuant to paragraphs (1) to (7),
inclusive:
NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on
this property lien, you should understand that there are risks
involved in bidding at a trustee auction. You will be bidding on a
lien, not on the property itself. Placing the highest bid at a
trustee auction does not automatically entitle you to free and clear
ownership of the property. You should also be aware that the lien
being auctioned off may be a junior lien. If you are the highest
bidder at the auction, you are or may be responsible for paying off
all liens senior to the lien being auctioned off, before you can
receive clear title to the property. You are encouraged to
investigate the existence, priority, and size of outstanding liens
that may exist on this property by contacting the county recorder's
office or a title insurance company, either of which may charge you a
fee for this information. If you consult either of these resources,
you should be aware that the same lender may hold more than one
mortgage or deed of trust on the property.
NOTICE TO PROPERTY OWNER: The sale date shown on this notice of
sale may be postponed one or more times by the mortgagee,
beneficiary, trustee, or a court, pursuant to Section 2924g of the
California Civil Code. The law requires that information about
trustee sale postponements be made available to you and to the
public, as a courtesy to those not present at the sale. If you wish
to learn whether your sale date has been postponed, and, if
applicable, the rescheduled time and date for the sale of this
property, you may call telephone number for information regarding
the trustee's sale] or visit this Internet Web site Internet Web
site address for information regarding the sale of this property],
using the file number assigned to this case case file number].
Information about postponements that are very short in duration or
that occur close in time to the scheduled sale may not immediately be
reflected in the telephone information or on the Internet Web site.
The best way to verify postponement information is to attend the
scheduled sale.
(B) A mortgagee, beneficiary, trustee, or authorized agent shall
make a good faith effort to provide up-to-date information regarding
sale dates and postponements to persons who wish this information.
This information shall be made available free of charge. It may be
made available via an Internet Web site, a telephone recording that
is accessible 24 hours a day, seven days a week, or through any other
means that allows 24 hours a day, seven days a week, no-cost access
to updated information. A disruption of any of these methods of
providing sale date and postponement information to allow for
reasonable maintenance or due to a service outage shall not be deemed
to be a violation of the good faith standard.
(C) Except as provided in subparagraph (B), nothing in the wording
of the notices required by subparagraph (A) is intended to modify or
create any substantive rights or obligations for any person
providing, or specified in, either of the required notices. Failure
to comply with subparagraph (A) or (B) shall not invalidate any sale
that would otherwise be valid under Section 2924f.
(D) Information provided pursuant to subparagraph (A) does not
constitute the public declaration required by subdivision (d) of
Section 2924g.
(9) If the sale of the property is to be a unified sale as
provided in subparagraph (B) of paragraph (1) of subdivision (a) of
Section 9604 of the Commercial Code, the notice of sale shall also
contain a description of the personal property or fixtures to be
sold. In the case where it is contemplated that all of the personal
property or fixtures are to be sold, the description in the notice of
the personal property or fixtures shall be sufficient if it is the
same as the description of the personal property or fixtures
contained in the agreement creating the security interest in or
encumbrance on the personal property or fixtures or the filed
financing statement relating to the personal property or fixtures. In
all other cases, the description in the notice shall be sufficient
if it would be a sufficient description of the personal property or
fixtures under Section 9108 of the Commercial Code. Inclusion of a
reference to or a description of personal property or fixtures in a
notice of sale hereunder shall not constitute an election by the
secured party to conduct a unified sale pursuant to subparagraph (B)
of paragraph (1) of subdivision (a) of Section 9604 of the Commercial
Code, shall not obligate the secured party to conduct a unified sale
pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of
Section 9604 of the Commercial Code, and in no way shall render
defective or noncomplying either that notice or a sale pursuant to
that notice by reason of the fact that the sale includes none or less
than all of the personal property or fixtures referred to or
described in the notice. This paragraph shall not otherwise affect
the obligations or duties of a secured party under the Commercial
Code.
(c) (1) This subdivision applies only to deeds of trust or
mortgages which contain a power of sale and which are secured by real
property containing a single-family, owner-occupied residence, where
the obligation secured by the deed of trust or mortgage is contained
in a contract for goods or services subject to the provisions of the
Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of
Part 4 of Division 3).
(2) Except as otherwise expressly set forth in this subdivision,
all other provisions of law relating to the exercise of a power of
sale shall govern the exercise of a power of sale contained in a deed
of trust or mortgage described in paragraph (1).
(3) If any default of the obligation secured by a deed of trust or
mortgage described in paragraph (1) has not been cured within 30
days after the recordation of the notice of default, the trustee or
mortgagee shall mail to the trustor or mortgagor, at his or her last
known address, a copy of the following statement:
YOU ARE IN DEFAULT UNDER A
_______________________________________________,
(Deed of trust or mortgage)
DATED ____. UNLESS YOU TAKE ACTION TO PROTECT
YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE.
IF
YOU NEED AN EXPLANATION OF THE NATURE OF THE
PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A
LAWYER.
(4) All sales of real property pursuant to a power of sale
contained in any deed of trust or mortgage described in paragraph (1)
shall be held in the county where the residence is located and shall
be made to the person making the highest offer. The trustee may
receive offers during the 10-day period immediately prior to the date
of sale and if any offer is accepted in writing by both the trustor
or mortgagor and the beneficiary or mortgagee prior to the time set
for sale, the sale shall be postponed to a date certain and prior to
which the property may be conveyed by the trustor to the person
making the offer according to its terms. The offer is revocable until
accepted. The performance of the offer, following acceptance,
according to its terms, by a conveyance of the property to the
offeror, shall operate to terminate any further proceeding under the
notice of sale and it shall be deemed revoked.
(5) In addition to the trustee fee pursuant to Section 2924c, the
trustee or mortgagee pursuant to a deed of trust or mortgage subject
to this subdivision shall be entitled to charge an additional fee of
fifty dollars ($50).
(6) This subdivision applies only to property on which notices of
default were filed on or after the effective date of this
subdivision.
(d) With respect to residential real property containing no more
than four dwelling units, a separate document containing a summary of
the notice of sale information in English and the languages
described in Section 1632 shall be attached to the notice of sale
provided to the mortgagor or trustor pursuant to Section 2923.3.
SEC. 4. Section 3440.1 of the Civil Code is amended to read:
3440.1. This chapter does not apply to any of the following:
(a) Things in action.
(b) Ships or cargoes if either are at sea or in a foreign port.
(c) The sale of accounts, chattel paper, payment intangibles, or
promissory notes governed by the Uniform Commercial Code, security
interests, and contracts of bottomry or respondentia.
(d) Wines or brandies in the wineries, distilleries, or wine
cellars of the makers or owners of the wines or brandies, or other
persons having possession, care, and control of the wines or
brandies, and the pipes, casks, and tanks in which the wines or
brandies are contained, if the transfers are made in writing and
executed and acknowledged, and if the transfers are recorded in the
book of official records in the office of the county recorder of the
county in which the wines, brandies, pipes, casks, and tanks are
situated.
(e) A transfer or assignment made for the benefit of creditors
generally or by an assignee acting under an assignment for the
benefit of creditors generally.
(f) Property exempt from enforcement of a money judgment.
(g) Standing timber.
(h) Subject to the limitations in Section 3440.3, a transfer of
personal property if all of the following conditions are satisfied:
(1) Before the date of the intended transfer, the transferor or
the transferee files a financing statement, with respect to the
property transferred, authorized in an authenticated record by the
transferor. The financing statement shall be filed in the office of
the Secretary of State in accordance with Chapter 5 (commencing with
Section 9501) of Division 9 of the Commercial Code, but may use the
terms "transferor" in lieu of "debtor" and "transferee" in lieu of
"secured party." The provisions of Chapter 5 (commencing with Section
9501) of Division 9 of the Commercial Code shall apply as
appropriate to the financing statement.
(2) The transferor or the transferee publishes a notice of the
intended transfer one time in a newspaper of general circulation
published in the public notice district in which the personal
property is located, if there is one, and if there is none in the
public notice district, then
in a newspaper of general circulation in the county in which the
personal property is located. The publication shall be completed not
less than 10 days before the date the transfer occurs. The notice
shall contain the name and address of the transferor and transferee
and a general statement of the character of the personal property
intended to be transferred, and shall indicate the place where the
personal property is located and a date on or after which the
transfer is to be made.
(i) Personal property not located within this state at the time of
the transfer or attachment of the lien if the provisions of this
subdivision are not used for the purpose of evading this chapter.
(j) A transfer of property that (1) is subject to a statute or
treaty of the United States or a statute of this state that provides
for the registration of transfers of title or issuance of
certificates of title and (2) is so far perfected under that statute
or treaty that a bona fide purchaser cannot acquire an interest in
the property transferred that is superior to the interest of the
transferee.
(k) A transfer of personal property in connection with a
transaction in which the property is immediately thereafter leased by
the transferor from the transferee provided the transferee purchased
the property for value and in good faith pursuant to subdivision (c)
of Section 10308 of the Commercial Code.
( l ) Water supply property, as defined in Section 849
of the Public Utilities Code.
(m) A transfer of property by any governmental entity.
(n) For the purposes of this section, publication of notice in a
public notice district is governed by Chapter 1.1 (commencing with
Section 6080) of Division 7 of Title 1 of the Government Code.
SEC. 5. Section 3440.5 of the Civil Code is amended to read:
3440.5. (a) This chapter does not affect the rights of a secured
party who, for value and in good faith, acquires a security interest
in the transferred personal property from the transferee, or from the
transferee's successor in interest, if the transferor is no longer
in possession of the personal property at the time the security
interest attaches.
(b) Additionally, except as provided in Section 3440.3, this
chapter does not affect the rights of a secured party who acquires a
security interest from the transferee, or from the transferee's
successor in interest, in the personal property, if all of the
following conditions are satisfied:
(1) On or before the date the security agreement is executed, the
intended debtor or secured party files a financing statement with
respect to the property transferred, signed by the intended debtor.
The financing statement shall be filed in the office of the Secretary
of State in accordance with Chapter 5 (commencing with Section 9501)
of Division 9 of the Commercial Code, but shall use the terms
"transferor" in lieu of "debtor," "transferee" in lieu of "secured
party," and "secured party" in lieu of "assignee of secured party."
The provisions of Chapter 5 (commencing with Section 9501) of
Division 9 of the Commercial Code shall apply as appropriate to the
financing statement. For the purpose of indexing, and in any
certification of search, the Secretary of State may refer to any
financing statement filed pursuant to this paragraph as a financing
statement under the Commercial Code and may describe the transferor
as a debtor and the transferee as a secured party.
(2) The intended debtor or secured party publishes a notice of the
transfer one time in a newspaper of general circulation published in
the public notice district in which the personal property is
located, if there is one, and if there is none in the public notice
district, then in a newspaper of general circulation in the county in
which the personal property is located. The publication shall be
completed not less than 10 days before the date of execution by the
intended debtor of the intended security agreement. The notice shall
contain the names and addresses of the transferor and transferee and
of the intended debtor and secured party, a general statement of the
character of the personal property transferred and intended to be
subject to the security interest, the location of the personal
property, and the date on or after which the security agreement is to
be executed by the intended debtor.
(c) Compliance with paragraph (1) of subdivision (b) shall not
perfect the security interest of the secured party. Perfection of
that security interest shall be governed by Division 9 (commencing
with Section 9101) of the Commercial Code.
(d) For the purposes of this section, publication of notice in a
public notice district is governed by Chapter 1.1 (commencing with
Section 6080) of Division 7 of Title 1 of the Government Code.
SEC. 6. Section 273 of the Code of Civil Procedure, as amended by
Section 1 of Chapter 87 of the Statutes of 2009, is amended to read:
273. (a) The report of the official reporter, or official
reporter pro tempore, of any court, duly appointed and sworn, when
transcribed and certified as being a correct transcript of the
testimony and proceedings in the case, is prima facie evidence of
that testimony and proceedings.
(b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
(c) The instant visual display of the testimony or proceedings, or
both, shall not be certified and cannot be used, cited, distributed,
or transcribed as the official certified transcript of the
proceedings. The instant visual display of the testimony or
proceedings, or both, shall not be cited or used in any way or at any
time to rebut or contradict the official certified transcript of the
proceedings as provided by the official reporter or official
reporter pro tempore.
(d) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 7. Section 273 of the Code of Civil Procedure, as added by
Section 2 of Chapter 87 of the Statutes of 2009, is amended to read:
273. (a) The report of the official reporter, or official
reporter pro tempore, of any court, duly appointed and sworn, when
transcribed and certified as being a correct transcript of the
testimony and proceedings in the case, is prima facie evidence of
that testimony and proceedings.
(b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
(c) This section shall become operative on January 1, 2022.
SEC. 8. Section 664.5 of the Code of Civil Procedure is amended to
read:
664.5. (a) In any contested action or special proceeding other
than a small claims action or an action or proceeding in which a
prevailing party is not represented by counsel, the party submitting
an order or judgment for entry shall prepare and serve, by personal
delivery or by mail, a copy of the notice of entry of judgment to all
parties who have appeared in the action or proceeding and shall file
with the court the original notice of entry of judgment together
with the proof of service. This subdivision does not apply in a
proceeding for dissolution of marriage, for nullity of marriage, or
for legal separation.
(b) Promptly upon entry of judgment in a contested action or
special proceeding in which a prevailing party is not represented by
counsel, the clerk of the court shall mail notice of entry of
judgment to all parties who have appeared in the action or special
proceeding and shall execute a certificate of such mailing and place
it in the court's file in the cause.
(c) For purposes of this section, "judgment" includes any
judgment, decree, or signed order from which an appeal lies.
(d) Upon order of the court in any action or special proceeding,
the clerk shall mail notice of entry of any judgment or ruling,
whether or not appealable.
(e) The Judicial Council shall, by January 1, 1999, adopt a rule
of court for the purposes of providing that, upon entry of judgment
in a contested action or special proceeding in which a state statute
or regulation has been declared unconstitutional by the court, the
Attorney General is promptly notified of the judgment and that a
certificate of that mailing is placed in the court's file in the
cause.
SEC. 9. Section 701.540 of the Code of Civil Procedure is amended
to read:
701.540. (a) Notice of sale of an interest in real property shall
be in writing, shall state the date, time, and place of sale, shall
describe the interest to be sold, and shall give a legal description
of the real property and its street address or other common
designation, if any. If the real property has no street address or
other common designation, the notice of sale shall include a
statement that directions to its location may be obtained from the
levying officer upon oral or written request or, in the discretion of
the levying officer, the notice of sale may contain directions to
its location. Directions are sufficient if information as to the
location of the real property is given by reference to the direction
and approximate distance from the nearest crossroads, frontage road,
or access road. If an accurate legal description of the real property
is given, the validity of the notice and sale is not affected by the
fact that the street address or other common designation, or
directions to its location, are erroneous or omitted.
(b) Not less than 20 days before the date of sale, notice of sale
of an interest in real property shall be served, mailed, and posted
by the levying officer as provided in subdivisions (c), (d), (e), and
(f).
(c) Notice of sale shall be served on the judgment debtor. Service
shall be made personally or by mail.
(d) Notice of sale shall be posted in the following places:
(1) One public place in the city in which the interest in the real
property is to be sold if it is to be sold in a city or, if not to
be sold in a city, one public place in the county in which the
interest in the real property is to be sold.
(2) A conspicuous place on the real property.
(e) At the time notice is posted pursuant to paragraph (2) of
subdivision (d), notice of sale shall be served or service shall be
attempted on one occupant of the real property. Service on the
occupant shall be made by leaving the notice with the occupant
personally or, in the occupant's absence, with any person of suitable
age and discretion found upon the real property at the time service
is attempted who is either an employee or agent of the occupant or a
member of the occupant's household. If the levying officer is unable
to serve an occupant, as specified, at the time service is attempted,
the levying officer is not required to make any further attempts to
serve an occupant.
(f) If the property described in the notice of sale consists of
more than one distinct lot, parcel, or governmental subdivision and
any of the lots, parcels, or governmental subdivisions lies with
relation to any of the others so as to form one or more continuous,
unbroken tracts, only one service pursuant to subdivision (e) and
posting pursuant to paragraph (2) of subdivision (d) need be made as
to each continuous, unbroken tract.
(g) Notice of sale shall be published pursuant to Section 6063 of
the Government Code, with the first publication at least 20 days
prior to the time of sale, in a newspaper of general circulation
published in the city in which the real property or a part thereof is
situated if any part thereof is situated in a city or, if not, in a
newspaper of general circulation published in the public notice
district in which the real property or a part thereof is situated. If
no newspaper of general circulation is published in the city or
public notice district, notice of sale shall be published in a
newspaper of general circulation in the county in which the real
property or a part thereof is situated.
(h) Not earlier than 30 days after the date of levy, the judgment
creditor shall determine the names of all persons having liens on the
real property on the date of levy that are of record in the office
of the county recorder and shall instruct the levying officer to mail
notice of sale to each lienholder at the address used by the county
recorder for the return of the instrument creating the lien after
recording. The levying officer shall mail notice to each lienholder,
at the address given in the instructions, not less than 20 days
before the date of sale.
(i) For the purposes of this section, publication of notice in a
public notice district is governed by Chapter 1.1 (commencing with
Section 6080) of Division 7 of Title 1 of the Government Code.
SEC. 10. Section 6105 of the Commercial Code is amended to read:
6105. (a) A notice that is governed by this section shall comply
with each of the following:
(1) State that a bulk sale is about to be made.
(2) State the name and business address of the seller together
with any other business name and address listed by the seller
(subdivision (a) of Section 6104) and the name and business address
of the buyer.
(3) State the location and general description of the assets.
(4) State the place and the anticipated date of the bulk sale.
(5) State whether or not the bulk sale is subject to Section
6106.2 and, if so subject, the matters required by subdivision (f) of
Section 6106.2.
(b) At least 12 business days before the date of the bulk sale, a
notice that is governed by this section shall be:
(1) Recorded in the office of the county recorder in the county or
counties in this state in which the tangible assets are located and,
if different, in the county in which the seller is located
(paragraph (2) of subdivision (a) of Section 6103).
(2) Published at least once in a newspaper of general circulation
published in the public notice district in this state in which the
tangible assets are located and in the public notice district, if
different, in which the seller is located (paragraph (2) of
subdivision (a) of Section 6103), if in either case there is one, and
if there is none, then in a newspaper of general circulation in the
county in which the public notice district is located. If the
tangible assets are located in more than one public notice district
in this state, the publication shall be in a newspaper of general
circulation published in the public notice district in this state in
which a greater portion of the tangible assets are located, on the
date the notice is published, than in any other public notice
district in this state and, if different, in the public notice
district in which the seller is located (paragraph (2) of subdivision
(a) of Section 6103).
(3) Delivered or sent by registered or certified mail to the
county tax collector in the county or counties in this state in which
the tangible assets are located. If delivered during the period from
January 1 to May 7, inclusive, the notice shall be accompanied by a
completed business property statement with respect to property
involved in the bulk sale pursuant to Section 441 of the Revenue and
Taxation Code.
(c) For the purposes of this section, publication of notice in a
public notice district is governed by Chapter 1.1 (commencing with
Section 6080) of Division 7 of Title 1 of the Government Code.
(d) As used in this section, "business day" means any day other
than a Saturday, Sunday, or day observed as a holiday by the state
government.
SEC. 11. Section 1001 of the Government Code is amended to read:
1001. The civil executive officers are: a Governor; a private
secretary and an executive secretary for the Governor; a Lieutenant
Governor; a Secretary of State; a Deputy Secretary of State; a Keeper
of Archives of State for the Secretary of State; a bookkeeper for
the Secretary of State; three recording clerks for the Secretary of
State; a Controller; a Deputy Controller; a bookkeeper for the
Controller; five clerks for the Controller; a Treasurer; a Deputy
Treasurer; a bookkeeper for the Treasurer; a clerk for six months in
each year for the Treasurer; an Attorney General and all assistant
and deputy attorneys general; a Superintendent of Public Instruction;
one clerk for the Superintendent of Public Instruction; an Insurance
Commissioner; a deputy for the Insurance Commissioner; four port
wardens for the Port of San Francisco; a port warden for each port of
entry except San Francisco; five State Harbor Commissioners for San
Francisco Harbor; six pilots for each harbor where there is no board
of pilot commissioners; three members of the Board of Pilot
Commissioners for Humboldt Bay and Bar; 13 members of the State Board
of Agriculture; four members of the State Board of Equalization; a
clerk of the Board of Equalization; three members of the State Board
of Education; a librarian for the Supreme Court Library and the chief
deputy clerk and the deputy clerks of the Supreme Court; five
directors for the state hospital at Napa; the manager, assistant
manager, chief counsel, and division chiefs, State Compensation
Insurance Fund; the head of each department and all chiefs of
divisions, deputies, and secretaries of a department; such other
officers as fill offices created by or under the authority of
charters or laws for the government of counties and cities or of the
health, school, election, road, or revenue laws; or persons serving
on boards or commissions created under the laws of the state or
established under the State Constitution.
SEC. 12. Section 6008 of the Government Code is amended to read:
6008. (a) Notwithstanding any provision of law to the contrary, a
newspaper is a "newspaper of general circulation" if it meets all of
the following criteria:
(1) It is a newspaper published for the dissemination of local or
telegraphic news and intelligence of a general character, which has a
bona fide subscription list of paying subscribers and has been
established and published at regular intervals of not less than
weekly in the city, district, or public notice district for which it
is seeking adjudication for at least three years preceding the date
of adjudication.
(2) It has a substantial distribution to paid subscribers in the
city, district, or public notice district in which it is seeking
adjudication.
(3) It has maintained a minimum coverage of local or telegraphic
news and intelligence of a general character of not less than 25
percent of its total inches during each year of the three-year
period.
(4) It has only one principal office of publication and that
office is in the city, district, or public notice district for which
it is seeking adjudication.
(b) For the purposes of Section 6020, a newspaper meeting the
criteria of this section which desires to have its standing as a
newspaper of general circulation ascertained and established, may, by
its publisher, manager, editor, or attorney, file a verified
petition in the superior court of the county in which it is
established and published.
(c) As used in this section:
(1) "Established" means in existence under a specified name during
the whole of the three-year period, except that a modification of
name in accordance with Section 6024, where the modification of name
does not substantially change the identity of the newspaper, shall
not affect the status of the newspaper for the purposes of this
definition.
(2) "Published" means issued from the place where the newspaper is
sold to or circulated among the people and its subscribers during
the whole of the three-year period.
(3) "Public notice district" means a public notice district
described in Chapter 1.1 (commencing with Section 6080).
SEC. 13. Chapter 1.1 (commencing with Section 6080) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 1.1. PUBLICATION OF NOTICE IN PUBLIC NOTICE DISTRICTS
Article 1. Public Notice Districts, Generally
6080. This chapter governs any statute requiring publication of
notice in a public notice district.
6081. A notice published or posted in a manner that is contrary
to the provisions of this chapter shall not be invalidated as a
consequence of a reasonable, good faith error as to the applicable
public notice district.
6082. (a) Notwithstanding Section 6027, a judicial decree
establishing a newspaper as a newspaper of general circulation in a
former judicial district shall be treated as a judicial decree
establishing the newspaper as a newspaper of general circulation in
the successor public notice district.
(b) For the purposes of this section, the "successor public notice
district" is the public notice district, described in Article 2,
that contains substantially the same population centers as the
applicable, former judicial district preserved for notice publication
by former Section 71042.5.
Article 2. Public Notice Districts by County
6085.100. (a) Alameda County contains the following public notice
districts:
(1) Alameda District, which is comprised of the City of Alameda.
(2) Berkeley-Albany District, which is comprised of the Cities of
Albany and Berkeley.
(3) Fremont-Newark-Union City District, which is comprised of the
Cities of Fremont, Newark, and Union City.
(4) Livermore District, which is comprised of the City of
Livermore.
(5) Oakland-Piedmont District, which is comprised of the Cities of
Emeryville, Oakland, and Piedmont.
(6) Pleasanton District, which is comprised of the Cities of
Dublin and Pleasanton.
(7) San Leandro-Hayward District, which is comprised of the Cities
of Hayward and San Leandro and the unincorporated areas known as
Ashland, Castro Valley, Cherryland, Fairview, and San Lorenzo.
(b) For the purpose of publishing notice arising from a location
within Alameda County that is not within one of the districts
described in subdivision (a):
(1) If the location is within five miles of a district, notice
shall be published in the nearest district.
(2) If the location is not within five miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.110. Alpine County contains a single, countywide public
notice district.
6085.120. Amador County contains a single, countywide public
notice district.
6085.130. (a) Butte County contains the following public notice
districts:
(1) Biggs District, which is comprised of the City of Biggs.
(2) Chico District, which is comprised of the City of Chico.
(3) Gridley District, which is comprised of the City of Gridley.
(4) Oroville District, which is comprised of the City of Oroville.
(5) Paradise District, which is comprised of the City of Paradise
and the unincorporated area known as Magalia.
(b) For the purpose of publishing notice arising from a location
within Butte County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.140. (a) Calaveras County contains the following public
notice districts:
(1) Angels-Murphys District, which is comprised of the City of
Angels Camp and the unincorporated area known as Murphys.
(2) San Andreas District, which is comprised of the unincorporated
areas known as Rancho Calaveras, San Andreas, and Valley Springs.
(b) For the purpose of publishing notice arising from a location
within Calaveras County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.150. (a) Colusa County contains the following public notice
districts:
(1) Colusa District, which is comprised of the City of Colusa.
(2) Williams District, which is comprised of the City of Williams.
(b) For the purpose of publishing notice arising from a location
within Colusa County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.160. (a) Contra Costa County contains the following public
notice districts:
(1) Antioch District, which is comprised of the City of Antioch.
(2) Brentwood-Byron District, which is comprised of the City of
Brentwood and the unincorporated areas known as Byron and Discovery
Bay.
(3) El Cerrito-Kensington District, which is comprised of the City
of El Cerrito and the unincorporated area known as Kensington.
(4) Mount Diablo District, which is comprised of the Cities of
Clayton, Concord, Martinez, and Pleasant Hill.
(5) Oakley District, which is comprised of the City of Oakley and
the unincorporated area known as Knightsen.
(6) Pinole-Hercules-Rodeo District, which is comprised of the
Cities of Pinole and Hercules and the unincorporated area known as
Rodeo.
(7) Pittsburgh District, which is comprised of the City of
Pittsburgh and the unincorporated area known as Bay Point.
(8) Richmond District, which is comprised of the City of Richmond.
(9) San Pablo District, which is comprised of the City of San
Pablo and the unincorporated areas known as Bayview, East Richmond
Heights, El Sobrante,
Montalvin Manor, North Richmond, Rollingwood, and Tara Hills.
(10) Walnut Creek-Danville District, which is comprised of the
Cities of Danville, Lafayette, Moraga, Orinda, San Ramon, and Walnut
Creek and the unincorporated areas known as Alamo, Contra Costa
Centre, and Reliez Valley.
(b) For the purpose of publishing notice arising from a location
within Contra Costa County that is not within one of the districts
described in subdivision (a):
(1) If the location is within five miles of a district, notice
shall be published in the nearest district.
(2) If the location is not within five miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.170. (a) Del Norte County contains the Crescent District
public notice district, which is comprised of Crescent City.
(b) For the purpose of publishing notice arising from a location
within Del Norte County that is not within the district described in
subdivision (a):
(1) If the location is within 10 miles of the district, notice
shall be published in the district.
(2) If the location is not within 10 miles of the district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.180. (a) El Dorado County contains the following public
notice districts:
(1) El Dorado District, which is comprised of the unincorporated
areas known as Cameron Park, Diamond Springs, and El Dorado Hills.
(2) Lake Valley District, which is comprised of the City of South
Lake Tahoe.
(3) Placerville District, which is comprised of the City of
Placerville.
(b) For the purpose of publishing notice arising from a location
within El Dorado County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.190. (a) Fresno County contains the following public notice
districts:
(1) Clovis District, which is comprised of the City of Clovis and
the unincorporated area known as Tarpey Village.
(2) Coalinga District, which is comprised of the Cities of
Coalinga and Huron.
(3) Firebaugh District, which is comprised of the Cities of
Firebaugh and Mendota.
(4) Fowler District, which is comprised of the City of Fowler.
(5) Fresno District, which is comprised of the City of Fresno.
(6) Kerman District, which is comprised of the Cities of Kerman
and San Joaquin.
(7) Kingsburg District, which is comprised of the City of
Kingsburg.
(8) Parlier District, which is comprised of the City of Parlier
and the unincorporated area known as Del Rey.
(9) Reedley District, which is comprised of the Cities of Orange
Cove and Reedley.
(10) Sanger District, which is comprised of the City of Sanger.
(11) Selma District, which is comprised of the City of Selma.
(b) For the purpose of publishing notice arising from a location
within Fresno County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.200. (a) Glenn County contains the following public notice
districts:
(1) Orland District, which is comprised of the City of Orland.
(2) Willows District, which is comprised of the City of Willows.
(b) For the purpose of publishing notice arising from a location
within Glenn County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.210. (a) Humboldt County contains the following public
notice districts:
(1) Arcata District, which is comprised of the Cities of Arcata,
Blue Lake, and Trinidad and the unincorporated area known as
McKinleyville.
(2) Eureka District, which is comprised of the City of Eureka.
(3) Fortuna District, which is comprised of the Cities of
Ferndale, Fortuna, and Rio Dell.
(b) For the purpose of publishing notice arising from a location
within Humboldt County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.220. (a) Imperial County contains the following public
notice districts:
(1) Brawley District, which is comprised of the City of Brawley.
(2) Calexico District, which is comprised of the City of Calexico.
(3) Calipatria District, which is comprised of the City of
Calipatria.
(4) El Centro District, which is comprised of the City of El
Centro.
(5) Holtville District, which is comprised of the City of
Holtville.
(6) Imperial District, which is comprised of the City of Imperial.
(7) Westmoreland District, which is comprised of the City of
Westmoreland.
(b) For the purpose of publishing notice arising from a location
within Imperial County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.230. (a) Inyo County contains the Northern Inyo District
public notice district, which is comprised of the City of Bishop.
(b) For the purpose of publishing notice arising from a location
within Inyo County that is not within the district described in
subdivision (a):
(1) If the location is within 10 miles of the district, notice
shall be published in the district.
(2) If the location is not within 10 miles of the district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.240. (a) Kern County contains the following public notice
districts:
(1) Arvin-Lamont District, which is comprised of the City of Arvin
and the unincorporated areas known as Lamont and Weedpatch.
(2) Bakersfield District, which is comprised of the City of
Bakersfield and the unincorporated areas known as Oildale and
Rosedale.
(3) Delano-McFarland District, which is comprised of the Cities of
Delano and McFarland.
(4) Indian Wells District, which is comprised of the City of
Ridgecrest.
(5) Kern River-Rand District, which is comprised of the
unincorporated areas known as Bodfish, Kernville, Lake Isabella,
Weldon, and Wofford Heights.
(6) Maricopa-Taft District, which is comprised of the Cities of
Maricopa and Taft.
(7) Mojave District, which is comprised of California City and the
unincorporated areas known as Mojave and Rosamond.
(8) Shafter District, which is comprised of the City of Shafter.
(9) Tehachapi District, which is comprised of the City of
Tehachapi and the unincorporated area known as Bear Valley Springs.
(10) Wasco District, which is comprised of the City of Wasco.
(b) For the purpose of publishing notice arising from a location
within Kern County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.250. (a) Kings County contains the following public notice
districts:
(1) Avenal District, which is comprised of the City of Avenal.
(2) Corcoran District, which is comprised of the City of Corcoran.
(3) Hanford District, which is comprised of the City of Hanford.
(4) Lemoore District, which is comprised of the City of Lemoore.
(b) For the purpose of publishing notice arising from a location
within Kings County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.260. (a) Lake County contains the following public notice
districts:
(1) Clearlake Highlands District, which is comprised of the City
of Clearlake.
(2) Lakeport District, which is comprised of the City of Lakeport.
(b) For the purpose of publishing notice arising from a location
within Lake County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.270. (a) Lassen County contains the Westwood-Honey Lake
District public notice district, which is comprised of the City of
Susanville and the unincorporated area known as Westwood.
(b) For the purpose of publishing notice arising from a location
within Lassen County that is not within the district described in
subdivision (a):
(1) If the location is within 10 miles of the district, notice
shall be published in the district.
(2) If the location is not within 10 miles of the district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.280. (a) Los Angeles County contains the following public
notice districts:
(1) Alhambra District, which is comprised of the Cities of
Alhambra, Monterey Park, San Gabriel, and Temple City and the
unincorporated areas known as East San Gabriel and South San Gabriel.
(2) Antelope District, which is comprised of the Cities of
Lancaster and Palmdale and the unincorporated areas known as
Antelope, Del Sur, Elizabeth Lake, Green Valley, Lake Hughes, Lake
Los Angeles, Leona Valley, Little Rock, Llano, Pearblossom, Quartz
Hill, Sun Village, and Wilsona.
(3) Beverly Hills District, which is comprised of the Cities of
Beverly Hills and West Hollywood.
(4) Burbank District, which is comprised of the City of Burbank.
(5) Catalina District, which is comprised of San Clemente Island
and Santa Catalina Island.
(6) Citrus District, which is comprised of the Cities of Azusa,
Baldwin Park, Covina, Glendora, Industry, Irwindale, and West Covina
and the unincorporated areas known as Citrus, Charter Oak, Rowland
Heights, South San Jose Hills, Valinda, Vincent, and West Puente
Valley.
(7) Compton District, which is comprised of the Cities of Carson,
Compton, Lynwood, and Paramount and the unincorporated areas known as
Athens, East Compton, East Rancho Dominguez, West Carson, West
Compton, West Rancho Dominguez, and Willowbrook.
(8) Culver District, which is comprised of Culver City and the
unincorporated areas known as Centinela, Ladera Heights, Marina Del
Rey, View Park, and Windsor Hills.
(9) Downey District, which is comprised of the Cities of Downey,
La Mirada, and Norwalk.
(10) East Los Angeles District, which is comprised of the Cities
of Commerce and Montebello and the unincorporated areas known as
Belvedere and East Los Angeles.
(11) El Monte-Rio Hondo District, which is comprised of the Cities
of El Monte, La Puente, Rosemead, and South El Monte and the
unincorporated areas known as Avocado Heights, East Arcadia, Hacienda
Heights, Mayflower Village, North El Monte, and Rio Hondo.
(12) Glendale District, which is comprised of the Cities of
Glendale and La Cañada Flintridge and the unincorporated areas known
as La Crescenta and Montrose.
(13) Inglewood District, which is comprised of the Cities of El
Segundo, Hawthorne, and Inglewood and the unincorporated areas known
as Del Aire, Lennox, West Athens, and Westmont.
(14) Long Beach District, which is comprised of the Cities of Long
Beach and Signal Hill.
(15) Los Angeles District, which is comprised of the Cities of Los
Angeles and San Fernando.
(16) Los Cerritos District, which is comprised of the Cities of
Artesia, Bell Flower, Cerritos, Hawaiian Gardens, and Lakewood.
(17) Malibu District, which is comprised of the Cities of Agoura
Hills, Calabasas, Hidden Hills, Malibu, and Westlake Village and the
unincorporated areas known as Agoura, Malibu Heights, Topanga, and
West Hills.
(18) Newhall-Soledad District, which is comprised of the City of
Santa Clarita and the unincorporated areas known as Acton, Agua
Dulce, Castaic, Canyon Country, Halsey Canyon, Gorman, Neenach,
Newhall, Santa Susana Mountains, Saugus, Stevenson Ranch, Val Verde,
and Valencia.
(19) Pasadena District, which is comprised of the Cities of
Pasadena, San Marino, Sierra Madre, and South Pasadena and the
unincorporated areas known as Altadena, East Pasadena, Kinneloa Mesa,
and San Pasqual.
(20) Pomona District, which is comprised of the Cities of
Claremont, Diamond Bar, La Verne, Pomona, San Dimas, and Walnut.
(21) Santa Anita District, which is comprised of the Cities of
Arcadia, Bradbury, Duarte, and Monrovia and the unincorporated area
known as South Monrovia Island.
(22) Santa Monica District, which is comprised of the City of
Santa Monica.
(23) South Bay District, which is comprised of the Cities of
Gardena, Hermosa Beach, Lawndale, Lomita, Manhattan Beach, Palos
Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills,
Rolling Hills Estates, and Torrance and the unincorporated areas
known as Alondra Park and El Camino Village.
(24) Southeast District, which is comprised of the Cities of Bell,
Bell Gardens, Cudahy, Huntington Park, Maywood, South Gate, and
Vernon and the unincorporated areas known as Florence-Graham and
Walnut Park.
(25) Whittier District, which is comprised of the Cities of La
Habra Heights, Pico Rivera, Santa Fe Springs, and Whittier and the
unincorporated areas known as East Whittier, Rose Hills, South
Whittier, and West Whittier-Los Nietos.
(b) For the purpose of publishing notice arising from a location
within Los Angeles County that is not within one of the districts
described in subdivision (a):
(1) If the location is within five miles of a district, notice
shall be published in the nearest district.
(2) If the location is not within five miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.290. (a) Madera County contains the following public notice
districts:
(1) Chowchilla District, which is comprised of the City of
Chowchilla.
(2) Madera District, which is comprised of the City of Madera.
(3) Sierra District, which is comprised of the unincorporated
areas known as Ahwahnee, Coarsegold, Oakhurst, and Yosemite Lakes.
(b) For the purpose of publishing notice arising from a location
within Madera County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.300. (a) Marin County contains the Central District public
notice district, which is comprised of the Cities of Belvedere, Corte
Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo,
San Rafael, Sausalito, and Tiburon and the unincorporated area known
as Tamalpais-Homestead Valley.
(b) For the purpose of publishing notice arising from a location
within Marin County that is not within the district described in
subdivision (a):
(1) If the location is within 10 miles of the district, notice
shall be published in the district.
(2) If the location is not within 10 miles of the district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.310. Mariposa County contains a single, countywide public
notice district.
6085.320. (a) Mendocino County contains the following public
notice districts:
(1) Arena District, which is comprised of the City of Point Arena.
(2) Little Lake District, which is comprised of the City of
Willits.
(3) Ten Mile River District, which is comprised of the City of
Fort Bragg.
(4) Ukiah District, which is comprised of the City of Ukiah.
(b) For the purpose of publishing notice arising from a location
within Mendocino County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.330. (a) Merced County contains the following public notice
districts:
(1) Atwater District, which is comprised of the City of Atwater
and the unincorporated areas known as Cressey, McSwain, and Winton.
(2) Dos Palos District, which is comprised of the City of Dos
Palos.
(3) Gustine District, which is comprised of the City of Gustine.
(4) Livingston District, which is comprised of the City of
Livingston and the unincorporated areas known as Ballico, Delhi, and
Stevinson.
(5) Los Banos District, which is comprised of the City of Los
Banos and the unincorporated area known as Santa Nella.
(6) Merced District, which is comprised of the City of Merced and
the unincorporated area known as Franklin.
(b) For the purpose of publishing notice arising from a location
within Merced County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.340. (a) Modoc County contains the Alturas District public
notice district, which is comprised of the City of Alturas.
(b) For the purpose of publishing notice arising from a location
within Modoc County that is not within the district described in
subdivision (a):
(1) If the location is within 10 miles of the district, notice
shall be published in the district.
(2) If the location is not within 10 miles of the district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.350. Mono County contains a single, countywide public notice
district.
6085.360. (a) Monterey County contains the following public
notice districts:
(1) Castroville-Pajaro District, which is comprised of the
unincorporated areas known as Castroville, Pajaro, and Pruneville.
(2) Gonzales District, which is comprised of the City of Gonzales.
(3) Greenfield District, which is comprised of the City of
Greenfield.
(4) King City District, which is comprised of King City.
(5) Monterey-Carmel District, which is comprised of the Cities of
Carmel, Del Rey Oaks, Monterey, Sand City, and Seaside.
(6) Pacific Grove District, which is comprised of the City of
Pacific Grove and the unincorporated area known as Del Monte Forest.
(7) Salinas District, which is comprised of the Cities of Marina
and Salinas.
(8) Soledad District, which is comprised of the City of Soledad.
(b) For the purpose of publishing notice arising from a location
within Monterey County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.370. (a) Napa County contains the following public notice
districts:
(1) Calistoga District, which is comprised of the City of
Calistoga.
(2) Napa District, which is comprised of the Cities of American
Canyon, Napa, and Yountville.
(3) St. Helena District, which is comprised of the City of St.
Helena and the unincorporated areas known as Angwin, Oakville, and
Rutherford.
(b) For the purpose of publishing notice arising from a location
within Napa County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.380. (a) Nevada County contains the following public notice
districts:
(1) Grass Valley District, which is comprised of the City of Grass
Valley.
(2) Nevada District, which is comprised of Nevada City.
(3) Truckee District, which is comprised of the City of Truckee.
(b) For the purpose of publishing notice arising from a location
within Nevada County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.390. (a) Orange County contains the following public notice
districts:
(1) Central Orange County District, which is comprised of the
Cities of Orange, Santa Ana, Tustin, and Villa Park and the
unincorporated area known as North Tustin.
(2) North Orange County District, which is comprised of the Cities
of Anaheim, Brea, Buena Park, Cypress, Fullerton, Garden Grove, La
Habra, La Palma, Placentia, Stanton, and Yorba Linda.
(3) Orange County Harbor District, which is comprised of the
Cities of Costa Mesa, Irvine, and Newport Beach.
(4) South Orange County District, which is comprised of the Cities
of Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna
Niguel, Laguna Woods, Lake Forest, Mission Viejo, Rancho Santa
Margarita, San Clemente, and San Juan Capistrano and the
unincorporated areas known as Coto de Caza and Ladera Ranch.
(5) West Orange County District, which is comprised of the Cities
of Fountain Valley, Huntington Beach, Los Alamitos, Seal Beach, and
Westminster and the unincorporated area known as Rossmoor.
(b) For the purpose of publishing notice arising from a location
within Orange County that is not within one of the districts
described in subdivision (a):
(1) If the location is within five miles of a district, notice
shall be published in the nearest district.
(2) If the location is not within five miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.400. (a) Placer County contains the following public notice
districts:
(1) Auburn District, which is comprised of the City of Auburn and
the unincorporated areas known as Meadow Vista, Newcastle, and North
Auburn.
(2) Colfax-Alta-Dutch Flat District, which is comprised of the
City of Colfax and the unincorporated areas known as Alta and Dutch
Flat.
(3) Lincoln District, which is comprised of the City of Lincoln.
(4) Loomis District, which is comprised of the Cities of Loomis
and Rocklin and the unincorporated areas known as Granite Bay and
Penryn.
(5) Roseville District, which is comprised of the City of
Roseville.
(b) For the purpose of publishing notice arising from a location
within Placer County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.410. (a) Plumas County contains the Beckwourth District
public notice district, which is comprised of the City of Portola and
the unincorporated area known as Beckwourth.
(b) For the purpose of publishing notice arising from a location
within Plumas County that is not within the district described in
subdivision (a):
(1) If the location is within 10 miles of the district, notice
shall be published in the district.
(2) If the location is not within 10 miles of the district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.420. (a) Riverside County contains the following public
notice districts:
(1) Beaumont District, which is comprised of the Cities of
Beaumont and Calimesa and the unincorporated area known as Cherry
Valley.
(2) Coachella District, which is comprised of the City of
Coachella and the unincorporated areas known as Thermal and Vista
Santa Rosa.
(3) Corona District, which is comprised of the Cities of Corona,
Eastvale, and Norco and the unincorporated areas known as El
Sobrante, Home Gardens, and Temescal Valley.
(4) Desert District, which is comprised of the Cities of Cathedral
City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm
Desert, Palm Springs, and Rancho Mirage.
(5) Elsinore District, which is comprised of the Cities of Canyon
Lake, Lake Elsinore, and Wildomar and the unincorporated areas known
as Lakeland Village and Meadowbrook.
(6) Hemet District, which is comprised of the City of Hemet and
the unincorporated areas known as East Hemet, Green Acres,
Idyllwild-Pine Cove, Valle Vista, and Winchester.
(7) Jurupa District, which is comprised of the City of Jurupa
Valley.
(8) Mecca District, which is comprised of the unincorporated areas
known as Oasis and Mecca.
(9) Murrieta District, which is comprised of the Cities of
Murrieta and Temecula and the unincorporated area known as French
Valley.
(10) Palo Verde District, which is comprised of the City of
Blythe.
(11) Perris District, which is comprised of the Cities of Menifee
and Perris and the unincorporated areas known as Good Hope, Homeland,
Lake Mathews, Mead Valley, and Nuevo.
(12) Riverside District, which is comprised of the Cities of
Moreno Valley and Riverside and the unincorporated areas known as
March AFB and Woodcrest.
(13) San Gorgonio District, which is comprised of the City of
Banning and the unincorporated areas known as Cabazon and Whitewater.
(14) San Jacinto District, which is comprised of the City of San
Jacinto.
(b) For the purpose of publishing notice arising from a location
within Riverside County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.430. (a) Sacramento County contains the following public
notice districts:
(1) Elk Grove-Galt District, which is comprised of the Cities of
Elk Grove and Galt and the unincorporated areas known as Rancho
Murieta, Vineyard, and Wilton.
(2) Fair Oaks-Folsom District, which is comprised of the City of
Folsom and the unincorporated areas known as Fair Oaks, Gold River,
and Orangevale.
(3) Sacramento District, which is comprised of the Cities of
Citrus Heights, Rancho Cordova, and Sacramento and the unincorporated
areas known as Antelope, Arden-Arcade, Carmichael, Florin, Foothill
Farms, La Riviera, Lemon Hill, North Highlands, Parkway, Rio Linda,
and Rosemont.
(4) Walnut Grove-Isleton District, which is comprised of the City
of Isleton and the unincorporated area known as Walnut Grove.
(b) For the purpose of publishing notice arising from a location
within Sacramento County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.440. (a) San Benito County contains the following public
notice districts:
(1) Hollister District, which is comprised of the City of
Hollister.
(2) San Juan District, which is comprised of the City of San Juan
Bautista.
(b) For the purpose of publishing notice arising from a location
within San Benito County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.450. (a) San Bernardino County contains the following public
notice districts:
(1) Barstow District, which is comprised of the City of Barstow.
(2) Bear Valley District, which is comprised of the City of Big
Bear Lake and the unincorporated area known as Big Bear City.
(3) Bloomington District, which is comprised of the Cities of
Fontana and Rialto and the unincorporated areas known as Bloomington
and Lytle Creek.
(4) Chino District, which is comprised of the Cities of Chino and
Chino Hills.
(5) Crest Forest District, which is comprised of the
unincorporated areas known as Crestline and Lake Arrowhead.
(6) Cucamonga-Etiwanda District, which is comprised of the Cities
of Montclair, Ontario, Rancho Cucamonga, and Upland.
(7) Needles District, which is comprised of the City of Needles.
(8) San Bernardino District, which is comprised of the Cities of
Colton, Grand Terrace, Highland, Loma Linda, and San Bernardino and
the unincorporated area known as Muscoy.
(9) Twentynine Palms District, which is comprised of the Cities of
Twentynine Palms and Yucca Valley.
(10) Victorville District, which is comprised of the Cities of
Adelanto, Apple Valley, Hesperia, and Victorville and the
unincorporated areas known as Lucerne Valley and Phelan.
(11) Yucaipa District, which is comprised of the Cities of
Redlands and Yucaipa and the unincorporated area known as Mentone.
(b) For the purpose of publishing notice arising from a location
within San Bernardino County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.460. (a) San Diego County contains the following public
notice districts:
(1) El Cajon District, which is comprised of the Cities of El
Cajon, La Mesa, Lemon Grove, and Santee and the unincorporated areas
known as Alpine, Bostonia, Casa de Oro, Jamul, La Presa, Lakeside,
Mount Helix, Ramona, Rancho San Diego, San Diego Country Estates,
Spring Valley, and Winter Gardens.
(2) North County District, which is comprised of the Cities of
Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos,
Solana Beach, and Vista and the unincorporated areas known as Camp
Pendleton, Fairbanks Ranch, Fallbrook, and Rancho Santa Fe.
(3) San Diego District, which is comprised of the Cities of Poway
and San Diego, excluding that part of the City of San Diego that is
in the South Bay District.
(4) South Bay District, which is comprised of the Cities of Chula
Vista, Coronado, Imperial Beach, and National City, the
unincorporated area known as Bonita, and that part of the City of San
Diego lying south of the City of Chula Vista.
(b) For the purpose of publishing notice arising from a location
within San Diego County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.470. The City and County of San Francisco contains a single,
countywide public notice district.
6085.480. (a) San Joaquin County contains the following public
notice districts:
(1) Lodi District, which is comprised of the City of Lodi.
(2) Manteca-Ripon-Escalon District, which is comprised of the
Cities of Escalon, Lathrop, Manteca, and Ripon and the unincorporated
area known as French Camp.
(3) Stockton District, which is comprised of the City of Stockton
and the unincorporated area known as Garden Acres.
(4) Tracy District, which is comprised of the City of Tracy.
(b) For the purpose of publishing notice arising from a location
within San Joaquin County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.490. (a) San Luis Obispo County contains the following
public notice districts:
(1) First District, which is comprised of the City of El Paso de
Robles.
(2) Second District, which is comprised of the City of Atascadero
and the unincorporated area known as Templeton.
(3) Third District, which is comprised of the City of Morro Bay
and the unincorporated area known as Los Osos.
(4) Fourth District, which is comprised of the City of San Luis
Obispo and the unincorporated areas known as Avila Beach and Los
Ranchos.
(5) Fifth District, which is comprised of the Cities of Arroyo
Grande, Grover Beach, and Pismo Beach and the unincorporated areas
known as Edna and Nipomo.
(b) For the purpose of publishing notice arising from a location
within San Luis Obispo County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.500. (a) San Mateo County contains the following public
notice districts:
(1) Central District, which is comprised of the Cities of Belmont,
Burlingame, Foster City, Half Moon Bay, Hillsborough, Millbrae, and
San Mateo and the unincorporated area known as Montara.
(2) Northern District, which is comprised of the Cities of
Brisbane, Colma, Daly City, Pacifica, San Bruno, and South San
Francisco.
(3) Southern District, which is comprised of the Cities of
Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood City,
San Carlos, and Woodside and the unincorporated area known as North
Fair Oaks.
(b) For the purpose of publishing notice arising from a location
within San Mateo County that is not within one of the districts
described in subdivision (a):
(1) If the location is within five miles of a district, notice
shall be published in the nearest district.
(2) If the location is not within five miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.510. (a) Santa Barbara County contains the following public
notice districts:
(1) Carpinteria-Montecito District, which is comprised of the City
of Carpinteria and the unincorporated area known as Montecito.
(2) Guadalupe District, which is comprised of the City of
Guadalupe.
(3) Lompoc District, which is comprised of the City of Lompoc and
the unincorporated area known as Vandenberg AFB.
(4) Santa Barbara-Goleta District, which is comprised of the
Cities of Goleta and Santa Barbara and the unincorporated area known
as Isla Vista.
(5) Santa Maria District, which is comprised of the City of Santa
Maria and the unincorporated areas known as Los Alamos and Orcutt.
(6) Solvang District, which is comprised of the Cities of Buellton
and Solvang.
(b) For the purpose of publishing notice arising from a location
within Santa Barbara County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.520. (a) Santa Clara County contains the following public
notice districts:
(1) Gilroy-Morgan Hill District, which is comprised of the Cities
of Gilroy and Morgan Hill.
(2) Los Gatos-Campbell-Saratoga District, which is comprised of
the Cities of Campbell, Los Gatos, Monte Sereno, and Saratoga.
(3) Palo Alto-Mountain View District, which is comprised of the
Cities of Los Altos, Los Altos Hills, Mountain View, and Palo Alto
and the unincorporated areas known as Loyola and Stanford.
(4) San Jose-Milpitas-Alviso District, which is comprised of the
Cities of Milpitas and San Jose and the unincorporated area known as
Alum Rock.
(5) Santa Clara-Cupertino District, which is comprised of the
Cities of Cupertino and Santa Clara.
(6) Sunnyvale District, which is comprised of the City of
Sunnyvale.
(b) For the purpose of publishing notice arising from a location
within Santa Clara County that is not within one of the districts
described in subdivision (a):
(1) If the location is within five miles of a district, notice
shall be published in the nearest district.
(2) If the location is not within five miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.530. Santa Cruz County contains a single, countywide public
notice district.
6085.540. (a) Shasta County contains the following public notice
districts:
(1) Anderson District, which is comprised of the City of Anderson.
(2) Central Valley District, which is comprised of the City of
Shasta Lake.
(3) Redding District, which is comprised of the City of Redding.
(b) For the purpose of publishing notice arising from a location
within Shasta County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.550. Sierra County contains a single, countywide public
notice district.
6085.560. (a) Siskiyou County contains the following public
notice districts:
(1) Dorris District, which is comprised of the City of Dorris.
(2) Dunsmuir-Mount Shasta District, which is comprised of the
Cities of Dunsmuir and Mount Shasta.
(3) Scott Valley District, which is comprised of the Cities of
Etna and Fort Jones.
(4) Shasta Valley District, which is comprised of the Cities of
Montague and Weed.
(5) Tulelake District, which is comprised of the City of Tulelake.
(6) Yreka District, which is comprised of the City of Yreka.
(b) For the purpose of publishing notice arising from a location
within Siskiyou County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.570. (a) Solano County contains the following public notice
districts:
(1) Benicia District, which is comprised of the City of Benicia.
(2) Dixon District, which is comprised of the City of Dixon.
(3) Fairfield-Suisun District, which is comprised of the Cities of
Fairfield and Suisun.
(4) Rio Vista District, which is comprised of the City of Rio
Vista.
(5) Vacaville District, which is comprised of the City of
Vacaville.
(6) Vallejo District, which is comprised of the City of Vallejo.
(b) For the purpose of publishing notice arising from a location
within Solano County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.580. (a) Sonoma County contains the following public notice
districts:
(1) Central Sonoma County District, which is comprised of the
Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol and the
unincorporated areas known as Bloomfield, Forestville, and
Guerneville.
(2) Northern District, which is comprised of the Cities of
Cloverdale, Healdsburg, and Windsor.
(3) Petaluma District, which is comprised of the City of Petaluma
and the unincorporated area known as Penngrove.
(4) Sonoma District, which is comprised of the City of Sonoma and
the unincorporated areas known as Boyes Hot Springs and Kenwood.
(b) For the purpose of publishing notice arising from a location
within Sonoma County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.590. (a) Stanislaus County contains the following public
notice districts:
(1) Ceres District, which is comprised of the Cities of Ceres and
Hughson and the unincorporated areas known as Bystrom, Keyes, and
Parklawn.
(2) Modesto District, which is comprised of the City of Modesto
and the unincorporated areas known as Airport, Del Rio, Empire, and
Salida.
(3) Newman District, which is comprised of the City of Newman and
the unincorporated area known as Crows Landing.
(4) Oakdale-Waterford District, which is comprised of the Cities
of Oakdale and Waterford.
(5) Patterson District, which is comprised of the City of
Patterson and the unincorporated area known as Grayson.
(6) Riverbank District, which is comprised of the City of
Riverbank.
(7) Turlock District, which is comprised of the City of Turlock.
(b) For the purpose of publishing notice arising from a location
within Stanislaus County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.600. (a) Sutter County contains the following public notice
districts:
(1) Butte District, which is comprised of the City of Live Oak.
(2) Yuba District, which is comprised of Yuba City.
(b) For the purpose of publishing notice arising from a location
within Sutter County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.610. (a) Tehama County contains the following public notice
districts:
(1) Corning District, which is comprised of the City of Corning
and the unincorporated area known as Los Molinos.
(2) Red Bluff District, which is comprised of the Cities of Red
Bluff and Tehama and the unincorporated area known as Gerber.
(b) For the purpose of publishing notice arising from a location
within Tehama County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.620. Trinity County contains a single, countywide public
notice district.
6085.630. (a) Tulare County contains the following public notice
districts:
(1) Dinuba District, which is comprised of the City of Dinuba and
the unincorporated areas known as Cutler and Orosi.
(2) Exeter-Farmersville District, which is comprised of the Cities
of Exeter and Farmersville.
(3) Lindsay District, which is comprised of the City of Lindsay
and the unincorporated area known as Strathmore.
(4) Pixley District, which is comprised of the unincorporated
areas known as Earlimart, Pixley, Tipton, and Woodville.
(5) Porterville District, which is comprised of the City of
Porterville and the unincorporated areas known as Cotton Center and
Poplar.
(6) Tulare District, which is comprised of the City of Tulare.
(7) Visalia District, which is comprised of the City of Visalia
and the unincorporated area known as Ivanhoe.
(8) Woodlake District, which is comprised of the City of Woodlake.
(b) For the purpose of publishing notice arising from a location
within Tulare County that is not within one of the districts
described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.640. (a) Tuolumne County contains the Sonora District public
notice district, which is comprised of the City of Sonora.
(b) For the purpose of publishing notice arising from a location
within Tuolumne County that is not within the district described in
subdivision (a):
(1) If the location is within 10 miles of the district, notice
shall be published in the district.
(2) If the location is not within 10 miles of the district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.650. Ventura County contains a single, countywide public
notice district.
6085.660. (a) Yolo County contains the following public notice
districts:
(1) Davis District, which is comprised of the City of Davis.
(2) Washington District, which is comprised of the City of West
Sacramento.
(3) Winters District, which is comprised of the City of Winters.
(4) Woodland District, which is comprised of the City of Woodland.
(b) For the purpose of publishing notice arising from a location
within Yolo County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
6085.670. (a) Yuba County contains the following public notice
districts:
(1) Marysville District, which is comprised of the City of
Marysville and the unincorporated areas known as Linda, Olivehurst,
and Plumas Lake.
(2) Wheatland District, which is comprised of the City of
Wheatland and the unincorporated area known as Beale AFB.
(b) For the purpose of publishing notice arising from a location
within Yuba County that is not within one of the districts described
in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall
be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice
shall be given as if the location is in a public notice district
without a newspaper of general circulation.
SEC. 14. The heading of Article 2 (commencing with Section
71042.5) of Chapter 6 of Title 8 of the Government Code is amended to
read:
Article 2. Judicial Districts
SEC. 15. Section 71042.5 of the Government Code is repealed.
SEC. 16. Section 71042.6 of the Government Code is repealed.
SEC. 17. Section 71380 of the Government Code is amended to read:
71380. The Controller shall establish, supervise, and maintain
trial court revenue distribution guidelines, including a program to
audit the accuracy of distributions as provided by law, to ensure
that all fines, penalties, forfeitures, and fees assessed by courts,
and their collection and appropriate disbursement, shall be properly
accounted for and distributed. The trial court revenue distribution
guidelines shall apply to superior courts, counties, including
counties' probation departments, central collection bureaus, and any
other agencies or entities having a role in this process.
SEC. 18. Section 1462.5 of the Penal Code is amended to read:
1462.5. Each installment or partial payment of a fine, penalty,
forfeiture, or fee shall be prorated among the state and local shares
according to the trial court revenue distribution guidelines
established by the Controller pursuant to Section 71380 of the
Government Code. In cases subject to Section 1463.18 of the Penal
Code, proration shall not occur until the minimum amounts have been
transferred to the Restitution Fund as provided in that section.
SEC. 19. Section 8402 of the Probate Code is amended to read:
8402. (a) Notwithstanding any other provision of this chapter, a
person is not competent to act as personal representative in any of
the following circumstances:
(1) The person is under the age of majority.
(2) The person is subject to a conservatorship of the estate or is
otherwise incapable of executing, or is otherwise unfit to execute,
the duties of the office.
(3) There are grounds for removal of the person from office under
Section 8502.
(4) The person is not a resident of the United States.
(5) The person is a surviving business partner of the decedent and
an interested person objects to the appointment.
(b) Paragraphs (4) and (5) of subdivision (a) do not apply to a
person named as executor or successor executor in the decedent's
will.
SEC. 20. Section 3381 of the Revenue and Taxation Code is amended
to read:
3381. (a) In each county where the tax collector or, if the
county is a chartered county, the board of supervisors determines
that the public interest, convenience and necessity require the local
publication of the delinquent list required by Section 3371, or the
published notice of power and intent to sell required by Section
3361, in order to afford adequate notice, all items required to be
published shall be published as provided in this article.
(b) After the determination, the tax collector or, if the county
is a chartered county, the board of supervisors shall divide and
distribute the items to be published and cause the same to be
published either within (1) the municipal corporations, (2) the
elementary, high school, or junior college districts, (3) the
supervisorial districts, (4) public notice districts described in
Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1
of the Government Code, (5) tax districts, areas included in map
books, or tax code areas, or (6) by any annexation or annexations of
same, or any combination of same, or any combination of those
districts, annexations, areas included in map books, and tax code
areas, within the county as they shall determine most likely to
afford adequate notice to owners of the property.
(c) Except as provided in this article, the publication shall be
in the same manner as provided in Article 1.7 (commencing with
Section 3371).
(d) The publication provided for in this article shall be made
once a week for two successive weeks in a newspaper or newspapers of
general
circulation. The publication shall be made in a newspaper published
not less frequently than once a week.
SEC. 21. Section 3702 of the Revenue and Taxation Code is amended
to read:
3702. (a) The tax collector shall publish the notice of intended
sale once a week for three successive weeks in a newspaper of general
circulation published in the county seat and in a newspaper of
general circulation published in the public notice district in which
the property is situated. If the same newspaper of general
circulation is published in both the county seat and in the public
notice district, or if the publication of the notice of sale is made
in a newspaper which is determined pursuant to Section 3381 as most
likely to afford adequate notice of the sale, a publication in that
newspaper shall satisfy the requirements for publication set forth in
this section. If there is no newspaper published in the county seat
or in the public notice district, then publication in the location in
which there is no newspaper may be made by posting notice in three
public places in the county seat. The publication shall be started
not less than 21 days prior to the date of the sale.
(b) For the purposes of this section, publication of notice in a
public notice district is governed by Chapter 1.1 (commencing with
Section 6080) of Division 7 of Title 1 of the Government Code.
SEC. 22. Section 3703 of the Revenue and Taxation Code is amended
to read:
3703. If in the judgment of the board of supervisors any property
to be sold under this chapter will bring at auction less than the
cost of publication in a newspaper, the publication of the notice of
intended sale may be made in the same manner as if there were no
newspaper published in the county seat or in the public notice
district.
SEC. 23. Section 5270.50 of the Welfare and Institutions Code is
amended to read:
5270.50. (a) Notwithstanding Section 5113, if the provisions of
Section 5270.35 have been met, the professional person in charge of
the facility providing intensive treatment, his or her designee, and
the professional person directly responsible for the person's
treatment shall not be held civilly or criminally liable for any
action by a person released before or at the end of 30 days pursuant
to this article.
(b) The attorney or advocate representing the person, the
court-appointed commissioner or referee, the certification review
hearing officer conducting the certification review hearing, or the
peace officer responsible for detaining the person shall not be
civilly or criminally liable for any action by a person released at
or before the end of the 30 days of intensive treatment pursuant to
this article.
SEC. 24. Section 2.5 of this bill incorporates amendments to
Section 1942.5 of the Civil Code proposed by both this bill and
Assembly Bill 551. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 1942.5 of the Civil Code, and (3) this bill
is enacted after Assembly Bill 551, in which case Section 2 of this
bill shall not become operative.
