BILL NUMBER: AB 1263	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2010
	AMENDED IN SENATE  JUNE 7, 2010
	AMENDED IN ASSEMBLY  JANUARY 13, 2010
	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 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 commercial tenant, as defined, 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 provide that service upon a
commercial tenant be made by (1) delivering a copy to the tenant
personally, (2) leaving a copy with some person of suitable age and
discretion at the property and sending a copy through the mail, as
specified, or (3) by affixing a copy in a conspicuous place on the
property and sending a copy through the mail, as specified.
   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 amended
to read:
   1162.  (a) Except as provided in subdivision (b), the notices
required by Sections 1161 and 1161a may be served by any of the
following methods:
   (1) By delivering a copy to the tenant personally.
   (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.
   (3) If such place of residence and business cannot 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.
   (b) The notices required by Section 1161 may be served upon a
commercial tenant by any of the following methods:
   (1) By delivering a copy to the tenant personally.
   (2) If he or she is absent from the commercial rental property, by
leaving a copy with some person of suitable age and discretion at
the property, and sending a copy through the mail addressed to the
tenant at the address where the property is situated.
   (3) If  , at the time of attempted service,  a person of
suitable age or discretion  cannot be   is not
 found at the rental property through the exercise of reasonable
diligence, then by affixing a copy in a conspicuous place on the
property, and also sending a copy through the mail addressed to the
tenant at the address where the property is situated. Service upon a
subtenant may be made in the same manner. 
   (c) It shall be prima facie evidence that there was the exercise
of reasonable diligence in completing service for purposes of
paragraph (3) of subdivision (b) if service was made by a registered
process server or the sheriff. This provision shall not be
interpreted to mean that service that is not made by a registered
process server or the sheriff does not satisfy paragraph (3) of
subdivision (b).  
   (d) 
    (c)  For purposes of subdivision (b), "commercial tenant"
means a person or entity that hires any real property in this state
that is not a dwelling unit, as defined in subdivision (c) of Section
1940 of the Civil Code, or a mobilehome, as defined in Section 798.3
of the Civil Code.