Bill Text: CA SB279 | 2011-2012 | Regular Session | Chaptered

California Senate Bill 279 (Prior Session Legislation)

Bill Title: Business: self-service storage facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-07-08 - Chaptered by Secretary of State. Chapter 65, Statutes of 2011. [SB279 Detail]

Download: California-2011-SB279-Chaptered.html

BILL NUMBER: SB 279	CHAPTERED
	BILL TEXT

	CHAPTER  65
	FILED WITH SECRETARY OF STATE  JULY 8, 2011
	APPROVED BY GOVERNOR  JULY 7, 2011
	PASSED THE SENATE  MARCH 25, 2011
	PASSED THE ASSEMBLY  JUNE 23, 2011

INTRODUCED BY   Senator Emmerson

                        FEBRUARY 14, 2011

   An act to amend Section 21707 of the Business and Professions
Code, relating to business.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 279, Emmerson. Business: self-service storage facilities.
   Existing law, the California Self-Service Storage Facility Act,
specifies remedies and procedures for self-service storage facility
owners when occupants are delinquent in paying rent or other charges.
Existing law requires that a lien sale of property at a self-service
storage facility be advertised in a newspaper of general circulation
in the county where the sale is to be held, or posted in conspicuous
places in the neighborhood of the proposed sale, as specified.
   This bill would instead require that these lien sales be
advertised in a newspaper of general circulation in the judicial
district where the sale is to be held, or posted in conspicuous
places in the neighborhood of the proposed sale, as specified.


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.  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 judicial 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 judicial
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.