BILL NUMBER: AB 1865	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 22, 2012

   An act to amend Section 1161.2 of the Code of Civil Procedure,
relating to eviction.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1865, as amended, Alejo. Residential tenancies: eviction:
notices.
   Existing law governs unlawful detainer proceedings. Existing law
requires the clerk to mail a specified notice upon the filing of an
unlawful detainer action to each defendant named in the action and
requires the notice to contain the name and telephone number of the
county bar association as well as other legal services organizations
that provide  service   services  to
low-income persons.
   This bill would require that the notice described above contain,
 as an alternative   in addition  to the
county bar association, the name and telephone number of any  one
or more  nonprofit bar  association within the county
that is   associations that provide legal services to
persons in the court where the action is filed and that are 
duly authorized by the State Bar as a lawyer referral 
provider   service  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
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) 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 as indicated in the caption of the complaint,
as required in subdivision (c) of Section 1166, to any other person,
if 60 days have elapsed since 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
 or any nonprofit bar association within the county that is
  and, if available, one or more nonprofit bar
associations that provide legal services to persons in the court
where the action is filed and that are  duly authorized by the
State Bar as a lawyer referral  provider  
service  . The notice shall also contain on its face 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.