BILL NUMBER: AB 1865 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN ASSEMBLY APRIL 18, 2012
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 services to low-income persons.
This bill would require that the notice described above contain,
in addition to the information on the county bar
association, the name and telephone number of any one or
more nonprofit bar associations, as specified, that provide legal
services to persons in the court where the action is filed and
entity that requests inclusion on the notice and
demonstrates to the satisfaction of the court that are
it is duly authorized by the State Bar as a
lawyer referral service and maintains a panel of attorneys
qualified in the practice of landlord-tenant law, as specified. The
bill would also require the notice to contain a specified statement
that includes the telephone number and Internet Web site address of
the State Bar .
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 following information:
(1) The name and telephone number
of the county bar association and, if available, one or
more nonprofit bar associations, as determined by the court, 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 service. The notice shall also contain on its face the
.
(2) The name and telephone number of any entity that requests
inclusion on the notice and demonstrates to the satisfaction of the
court that it has been certified by the State Bar as a lawyer
referral service and maintains a panel of attorneys qualified in the
practice of landlord-tenant law pursuant to the minimum standards for
a lawyer referral service established by the State Bar and Section
6155 of the Business and Professions Code.
(3) The following statement:
"The State Bar of California certifies lawyer referral services in
California and publishes a list of certified lawyer referral
services organized by county. To locate a lawyer referral service in
your county, go to the State Bar's website at www.calbar.ca.gov or
call 1-866-442-2529."
(4) 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.