AB 1263 Assembly Bill

BILL NUMBER: AB 1263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2009
	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 27, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1263, as amended, 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 (1) delivering a copy
of the notice to the tenant personally, (2) 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  and at an alternate address designated in writing by
the tenant and accepted in writing by the landlord  , or (3)
affixing a copy of the notice in a conspicuous place on the property
and mailing a copy of the notice to the tenant at the address of the
property  and the alternate address, if the process server
attests under penalty of perjury that he or she was unable to serve
the tenant, using reasonable diligence, by the other 2 methods 
.  The bill would define the term "property," for purposes
of these provisions, to refer to the property that is the subject of
the lease.   By expanding the scope of the crime of
perjury, this bill would impose a state-   mandated local
program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION. 1.    Section 1162 of the   Code of
Civil Procedure   is amended to read: 
   1162.  The notices required by Sections 1161 and 1161a may be
served  , either   by any of the following
methods  : 
   1. 
    (a)  By delivering a copy to the tenant personally
 ; or,   .  
   2. 
    (b)  If  he or she   the tenant
 is absent from  his or her place of residence, and from
his or her usual place of business,   the property,
 by leaving a copy with  some   a 
person of suitable age and discretion at  either place,
  the property,  and sending a copy through the
mail addressed to the tenant at  his or her place of
residence; or,   the property and to any one alternate
location specified in writing by the tenant for these purposes, and
acknowledged in writing by the landlord.  
   3. 
    (c)  If  such place of residence and business
can not be ascertained, or a person of suitable age or discretion
there can not be found,   service cannot be achieved by
the methods described in subdivisions (a) and (b), and the process
server attests, under penalty of perjury, that he or she has used
reasonable diligence in attempting service,  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   and  sending a copy through the
mail addressed to the tenant at the  place where the
 property  is situated   and the
alternate location described in subdivision (b)  . Service upon
a subtenant may be made in the same manner.  Attestation of
reasonable diligence by a certified process server shall be prima
facie proof of that fact for purposes of this subdivision.  

   (d) For purposes of this section, "property" refers to the
property that is the subject of the lease. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act or
because costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.  
  SECTION 1.    Section 1162 of the Code of Civil
Procedure is repealed.  
  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 any of the following methods:
   (1) By delivering a copy of the notice to the tenant personally.
   (2) 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) By doing both of the following:
   (A) Affixing a copy of the notice in a conspicuous place on the
property.
   (B) 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.