BILL NUMBER: AB 1263	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 27, 2009

   An act to repeal and add Section 1162 of the Code of Civil
Procedure, relating to unlawful detainer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1263, as introduced, Audra Strickland. Unlawful detainer:
service of notice.
   Existing law governs unlawful detainer proceedings to effect the
removal of a tenant from the property. Existing law specifies the
manner of serving notice upon a tenant under those circumstances.
Existing law requires service of the notice by delivering a copy to
the tenant personally. If the tenant is absent from his or her place
of residence, and from his or her usual place of business, existing
law provides that notice may be served by leaving a copy with some
person of suitable age and discretion at either place, and sending a
copy through the mail addressed to the tenant at his or her place of
residence. If the residence and business cannot be ascertained, or a
person of suitable age and discretion there cannot be found, existing
law authorizes the notice to be served by affixing a copy in a
conspicuous place on the property and delivering a copy to the person
there residing, if that person can be found, and by sending a copy
through the mail addressed to the tenant at the place where the
property is situated.
   This bill would revise the provision governing the methods of
serving notice upon a tenant for purposes of the unlawful detainer
provisions by deleting the requirement that service be made at the
tenant's place of residence or usual place of business. The bill
would instead require that service be made by delivering a copy of
the notice to the tenant personally at the property, or, if the
tenant is absent from the property, by leaving a copy of the notice
at the property with a person of suitable age and discretion and
mailing a copy of the notice to the tenant at the address of the
property. If a person of suitable age and discretion cannot be found
at the property, the bill would require that the notice be served by
affixing a copy of the notice in a conspicuous place on the property,
delivering a copy of the notice to a person residing at the
property, if found, and mailing a copy of the notice to the tenant at
the address of the property. The bill would define the term
"property," for purposes of these provisions, to refer to the
property that is the subject of the lease.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1162 of the Code of Civil Procedure is
repealed. 
   1162.  The notices required by Sections 1161 and 1161a may be
served, either:
   1. By delivering a copy to the tenant personally; or,
   2. If he or she is absent from his or her place of residence, and
from his or her usual place of business, by leaving a copy with some
person of suitable age and discretion at either place, and sending a
copy through the mail addressed to the tenant at his or her place of
residence; or,
   3. If such place of residence and business can not be ascertained,
or a person of suitable age or discretion there can not be found,
then by affixing a copy in a conspicuous place on the property, and
also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the
tenant at the place where the property is situated. Service upon a
subtenant may be made in the same manner. 
  SEC. 2.  Section 1162 is added to the Code of Civil Procedure, to
read:
   1162.  (a) The notices required by Sections 1161 and 1161a may be
served on a tenant by the following methods:
   (1) By delivering a copy of the notice to the tenant personally at
the property.
   (2) If the tenant is absent from the property, by leaving a copy
of the notice at the property with a person of suitable age and
discretion and mailing a copy of the notice to the tenant at the
address of the property.
   (3) If a person of suitable age and discretion cannot be found at
the property, by doing all of the following:
   (A) Affixing a copy of the notice in a conspicuous place on the
property.
   (B) Delivering a copy of the notice to a person residing at the
property, if found.
   (C) Mailing a copy of the notice to the tenant at the address of
the property.
   (b) Service upon a subtenant may be effected in the same manner as
service upon a tenant.
   (c) For purposes of this section, the term "property" refers to
the property that is the subject of the lease.