BILL ANALYSIS
AB 655
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 655 (Emmerson)
As Amended August 18, 2010
Majority vote
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|ASSEMBLY: |76-0 |(May 28, 2009) |SENATE: |31-0 |(August 20, |
| | | | | |2010) |
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Original Committee Reference: B.,P. & C.P.
SUMMARY : Makes various changes to the remedies and procedures
of the California self-Service Storage Facility Act (Act) for
self-storage facility owners when occupants are delinquent in
paying rent or other charges.
The Senate amendments :
1)Require a notice of lien sale to state that the property will
be sold to satisfy the lien after a specified date that is no
less than 14 days from the date of mailing the notice, unless
the occupant executes and returns by certified mail a
declaration in opposition to the lien sale, as specified.
2)Delete the requirement to include with a notice of lien sale a
conspicuous statement that the occupant may challenge the sale
by filing an action in any court having jurisdiction to render
a judgment in the amount of the lien.
3)Outline the format and contents of a blank declaration in
opposition to lien sale form.
4)Clarify that if a completed and signed declaration in
opposition to the lien sale is not received by the owner prior
to the date specified in the notice of lien sale by certified
mail, if the occupant cannot be contacted or served at the
address provided in the declaration, or if the occupant
withdraws the declaration in opposition to the lien sale in
writing, the owner may sell the property, as specified.
5)Clarify that an advertisement of the lien sale be published in
a newspaper of general circulation in the county, instead of
judicial district, where the sale is to be held, as specified.
AB 655
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6)Authorize the owner to enforce the lien, if he or she receives
a valid declaration in opposition to lien sale prior to the
date set forth in the notice of the lien sale, as follows:
a) File an action to enforce the lien in small claims court,
provided that the amount of the lien is within the monetary
jurisdiction of the court, as specified; or,
b) File an action to enforce the lien in any other court of
competent jurisdiction, in which case the summons and
complaint may be served by certified mail, postage prepaid,
addressed to the occupant a the address provided by the
occupant in the declaration of lien sale, and service shall
be deemed completed on the fifth day after the mailing, or
in any other manner authorized by law, as specified.
7)Authorize the owner to advertise the goods for sale and sell
the property, as specified, if the owner is granted a judgment
in favor of the lien.
8)Make technical and clarifying changes.
EXISTING LAW :
1)Permits an owner who sends an occupant a preliminary lien
notice by certified mail to, upon the effective date of the
lien, deny the occupant access to the space, enter the space,
and remove property for safe keeping. However, if the owner
sends the notice by first-class mail with certificate of
mailing, the owner may not remove the property for at least 14
days following the effective date of the lien.
2)Requires an owner to send an occupant a notice of lien sale
stating that any stored property will be sold to satisfy the
lien after a specified date that is at least 14 days from the
date of mailing unless the amount of the lien is paid or the
occupant returns a declaration in opposition to lien sale in a
specified form.
3)Requires the lien sale to be advertised in a newspaper of
general circulation or posted in conspicuous places in the
neighborhood of the proposed sale, as specified.
4)Permits a person claiming a right to the stored goods prior to
any lien sale to pay the lien amount and reasonable expenses,
AB 655
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in which case the owner must retain the property pending a
court's disposition of the property.
AS PASSED BY THE ASSEMBLY , this bill is substantially similar to
the version approved by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0006369