BILL NUMBER: SB 1149 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Corbett
FEBRUARY 18, 2010
An act to amend Sections 1161.2 and 1161a of the Code of Civil
Procedure, relating to residential tenancies and foreclosure.
LEGISLATIVE COUNSEL'S DIGEST
SB 1149, as introduced, Corbett. Residential tenancies:
foreclosure.
Existing law governs unlawful detainer proceedings. Existing law
authorizes the court clerk to allow access to limited civil case
records filed under these provisions to certain persons, including a
party to the action or a resident of the premises, under certain
conditions, without regard to when they request that access. Existing
law also authorizes the clerk to allow access to any other person 60
days after the complaint has been filed, unless a defendant prevails
in the action within 60 days of the filing of the complaint, in
which case the clerk may not allow access to any court records in the
action, except as specified.
This bill would additionally authorize the clerk to allow access
to those records to any other person in the case of a complaint
involving residential property that has been sold in foreclosure, or
under other, specified proceedings, if 60 days have elapsed since
proof of service of the complaint was filed with the court and
judgment against all defendants has been entered for the plaintiff,
after a trial. If judgment is not entered under these conditions, the
bill would prohibit the clerk from allowing access to any court
records in the action, except to the persons described above who are
permitted access without regard to when they request access.
Existing law governing unlawful detainer proceedings also requires
that a tenant or subtenant in possession of a rental housing unit,
as defined, which has been sold by reason of certain enumerated
causes, including foreclosure, who rents or leases the rental housing
unit either on a periodic basis, as specified, or for a fixed period
of time, be given written notice to quit, as specified, at least as
long as the term of hiring itself but not exceeding 30 days, before
the tenant or subtenant may be removed from that rental housing unit.
This bill would additionally require that any notice to quit
regarding a housing unit served within one year after a foreclosure
sale include a separate cover sheet that contains an additional
notice to renters. The bill would set forth the content of this
notice providing the tenant with specified information regarding
tenants' rights. The failure to attach this cover sheet would subject
the owner to a $500 fine in addition to any other fines, penalties,
and remedies provided by law. The bill would also provide that under
certain circumstances the cover sheet need not be served, 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 1161.2 of the Code of Civil Procedure is
amended to read:
1161.2. (a) The clerk may allow access to limited civil case
records filed under this chapter, including the court file, index,
and register of actions, only as follows:
(1) To a party to the action, including a party's attorney.
(2) To any person who provides the clerk with the names of at
least one plaintiff and one defendant and the address of the
premises, including the apartment or unit number, if any.
(3) To a resident of the premises who provides the clerk with the
name of one of the parties or the case number and shows proof of
residency.
(4) To any person by order of the court, which may be granted ex
parte, on a showing of good cause.
(5) To Except as provided in paragraph
(6), to any other person 60 days after the complaint has been
filed, unless a defendant prevails in the action within 60 days of
the filing of the complaint, in which case the clerk may not allow
access to any court records in the action, except as provided in
paragraphs (1) to (4), inclusive.
(6) In the case of a complaint involving residential property
based on Section 1161a or 1161b, to any other person, if 60 days have
elapsed since proof of service of the complaint was filed with the
court, and, as of that date, judgment against all defendants has been
entered for the plaintiff, after a trial. If judgment is not entered
under the conditions described in this paragraph, the clerk shall
not allow access to any court records in the action, except as
provided in paragraphs (1) to (4), inclusive.
(b) For purposes of this section, "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code. It is the intent of
the Legislature that a simple procedure be established to request the
ex parte order described in subdivision (a).
(c) Upon the filing of any case so restricted, the court clerk
shall mail notice to each defendant named in the action. The notice
shall be mailed to the address provided in the complaint. The notice
shall contain a statement that an unlawful detainer complaint
(eviction action) has been filed naming that party as a defendant,
and that access to the court file will be delayed for 60 days except
to a party, an attorney for one of the parties, or any other person
who (1) provides to the clerk the names of at least one plaintiff and
one defendant in the action and provides to the clerk the address,
including any applicable apartment, unit, or space number, of the
subject premises, or (2) provides to the clerk the name of one of the
parties in the action or the case number and can establish through
proper identification that he or she lives at the subject premises.
The notice shall also contain a statement that access to the court
index, register of actions, or other records is not permitted until
60 days after the complaint is filed, except pursuant to an order
upon a showing of good cause therefor. The notice shall contain on
its face the name and telephone number of the county bar association
and the name and telephone number of an office or offices funded by
the federal Legal Services Corporation or qualified legal services
projects that receive funds distributed pursuant to Section 6216 of
the Business and Professions Code, that provide legal services to
low-income persons in the county in which the action is filed. The
notice shall state that these numbers may be called for legal advice
regarding the case. The notice shall be issued between 24 and 48
hours of the filing of the complaint, excluding weekends and
holidays. One copy of the notice shall be addressed to "all occupants"
and mailed separately to the subject premises. The notice shall not
constitute service of the summons and complaint.
(d) Notwithstanding any other provision of law, the court shall
charge an additional fee of fifteen dollars ($15) for filing a first
appearance by the plaintiff. This fee shall be added to the uniform
filing fee for actions filed under this chapter.
(e) This section does not apply to a case that seeks to terminate
a mobilehome park tenancy if the statement of the character of the
proceeding in the caption of the complaint clearly indicates that the
complaint seeks termination of a mobilehome park tenancy.
SEC. 2. Section 1161a of the Code of Civil Procedure is amended to
read:
1161a. (a) As used in this section:
(1) "Manufactured home" has the same meaning as provided in
Section 18007 of the Health and Safety Code.
(2) "Mobilehome" has the same meaning as provided in Section 18008
of the Health and Safety Code.
(3) "Floating home" has the same meaning as provided in
subdivision (d) of Section 18075.55 of the Health and Safety Code.
(b) In any of the following cases, a person who holds over and
continues in possession of a manufactured home, mobilehome, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant
in actual occupation of the premises, also upon such
that subtenant, as prescribed in Section 1162,
may be removed therefrom as prescribed in this chapter:
(1) Where If the property has been
sold pursuant to a writ of execution against such
that person, or a person under whom such
that person claims, and the title under the sale
has been duly perfected.
(2) Where If the property has been
sold pursuant to a writ of sale, upon the foreclosure by proceedings
taken as prescribed in this code of a mortgage, or under an express
power of sale contained therein, executed by such
that person, or a person under whom such
that person claims, and the title under the
foreclosure has been duly perfected.
(3) Where If the property has been
sold in accordance with Section 2924 of the Civil Code, under a power
of sale contained in a deed of trust executed by such
that person, or a person under whom
such that person claims, and the title under the
sale has been duly perfected.
(4) Where If the property has been
sold by such that person, or a person
under whom such that person claims, and
the title under the sale has been duly perfected.
(5) Where If the property has been
sold in accordance with Section 18037.5 of the Health and Safety Code
under the default provisions of a conditional sale contract or
security agreement executed by such that
person, or a person under whom such
that person claims, and the title under the sale has been duly
perfected.
(c) Notwithstanding the provisions of subdivision (b), a tenant or
subtenant in possession of a rental housing unit which has been sold
by reason of any of the causes enumerated in subdivision (b), who
rents or leases the rental housing unit either on a periodic basis
from week to week, month to month, or other interval, or for a fixed
period of time, shall be given written notice to quit pursuant to
Section 1162, at least as long as the term of hiring itself but not
exceeding 30 days, before the tenant or subtenant may be removed
therefrom as prescribed in this chapter.
(d) (1) Any notice or notices to quit regarding a housing unit
served within one year after a foreclosure sale shall include a
separate cover sheet attached on top of the notice or notices.
(2) The cover sheet shall consist of the following notice, in at
least 12-point type:
Notice to Any Renters Living At
[street address of the unit]
The attached notice means that the owner of your home plans to
evict you. You should talk to a lawyer immediately to see what your
rights are.
If you receive any court papers, you must file a written response
on a special form with the court, within five days. You must respond
even if your name is not on the papers. If you don't respond, you
will likely lose any rights you may have. In many cases, you can
respond without being reported to a credit or tenant reporting
agency. You should ask a lawyer about it.
You usually have the right to stay in your home for 90 days,
regardless of any deadlines stated on any attached papers. You may
have the right to stay even longer if you have a lease. In some cases
and in some cities with a "just cause for eviction law," you may not
have to move at all. But you must take the proper legal steps in
order to protect your rights. Your home was sold in foreclosure on
[insert date], and the sale was recorded in [insert recorded document
location]. Your rights are affected by whether you lived at the
property on the date it was sold.
How to Get Legal Help
If you cannot afford an attorney, you may be eligible for free
legal services from a nonprofit legal services program. You can
locate these nonprofit groups at the California Legal Services Web
site (www.lawhelpcalifornia.org), the California Courts Online
Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting
your local court or county bar association.
(3) Failure to attach the cover sheet as required by this section
shall subject the owner to a civil fine of five hundred dollars
($500), in addition to any other fines, penalties, and remedies
provided by law.
(e) The cover sheet required by subdivision (d) need not be served
if all of the following apply:
(1) The tenancy sought to be terminated was created after the
foreclosure sale, by written agreement of the parties.
(2) The written agreement is attached to the notice.
(3) Either:
(A) The notice is served for a cause specified in Section 1161 and
complies with the requirements of that section.
(B) The notice is served pursuant to Section 1946.1 of the Civil
Code, and at least 60 days have elapsed after the foreclosure sale
before notice is given.
(d)
(f) For the purpose of subdivision (c)
this section , "rental housing unit" means any
structure or any part thereof which is rented or offered for rent for
residential occupancy in this state.