BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
AB 1865 (Alejo)
As Amended June 25, 2012
Hearing Date: July 3, 2012
Fiscal: Yes
Urgency: No
BCP
SUBJECT
Residential Tenancies: Eviction Notices
DESCRIPTION
This bill would require the mandatory notice of filing of an
unlawful detainer (eviction) action by the clerk of the court to
include the name and telephone number of any entity certified as
a lawyer referral service that requests inclusion in the notice
of filing, as specified, and information on how to locate a
lawyer referral service through the State Bar.
BACKGROUND
Under existing law, tenants who are facing eviction in an
unlawful detainer action must be served a notice from the court
that includes the name and telephone number of the county bar
association as well as legal services projects that provide
legal services to low-income persons in the county. Those
provisions were largely enacted by SB 892 (Lockyer, Chapter
1007, Statutes of 1991) in response to concerns about tenant
defense services soliciting business from defendants in unlawful
detainer actions. This Committee's analysis of that bill noted
that:
According to Legal Aid Foundation of Los Angeles County
(LAFLA), tenant defense services, which they refer to as
"rip-off" services, review the previous day's filings of
unlawful detainer actions in municipal court on a daily
basis. The services then contact the tenant by mail,
telephone, and/or personal visits to the tenant's premises.
They charge anywhere from fifty to several hundred dollars
(more)
AB 1865 (Alejo)
Page 2 of ?
-- guaranteeing that the tenant can continue to live in his
or her apartment rent-free for 6 or 7 months.
The services actually provided to tenants range from no
services at all, to the filing of defective pleadings, the
filing of false "Arrieta" claims (a claim that the occupant
was not made a party to the unlawful detainer proceeding and
is therefore entitled to a court hearing) and/or the filing
of fraudulent bankruptcies. According to LAFLA, in almost
all instances the tenant does not receive appropriate
assistance.
This bill similarly seeks to provide additional information to
defendants in unlawful detainer actions by requiring the
mandatory court notice to include, upon request, the name and
telephone number of any entity that is certified as a lawyer
referral service, as specified, and information on how to locate
a lawyer referral service through the State Bar.
CHANGES TO EXISTING LAW
Existing law requires the court clerk, upon the filing of any
unlawful detainer action, to mail to each defendant named in the
action a notice that contains on its face the following:
the name and telephone number of the county bar association;
and
the name and telephone number of an office or offices funded
by the Legal Services Corporation or qualified legal service
projects that receive funds distributed through the State Bar
program for legal services to indigent persons, that provide
legal services to low-income persons in the county in which
the action was filed. (Code Civ. Proc. Sec. 1161.2.)
Existing law requires the State Bar, with the approval of the
California Supreme Court, to formulate and enforce rules and
regulations which, among other things, do the following:
establish minimum standards for lawyer referral services;
require that an entity seeking to qualify as a lawyer referral
service register with the State Bar and obtain from the State
Bar a certificate of compliance with the minimum standards for
lawyer referral services;
require lawyer referral services to establish separate ongoing
activities or arrangements that serve persons of limited
means; and
require each lawyer who is a member of a certified lawyer
referral service to comply with all applicable professional
AB 1865 (Alejo)
Page 3 of ?
standards, rules, and regulations, and to possess a policy of
errors and omissions insurance, as specified. (Bus. & Prof.
Code Sec. 6155(f).)
This bill would require the above notice to additionally
contain:
the name and telephone number of any entity that requests
inclusion in the notice if the entity 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; and
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."
COMMENT
1. Stated need for the bill
According to the author:
AB 1865 gives all non-profit bar associations the
opportunity to provide legal services and represent people
who have received an unlawful detainer notice in court by
listing them as a resource on the unlawful detainer notice.
As a result, it provides individuals greater access to legal
services.
2. Additional legal resources
This bill would allow courts to provide defendants (the tenants)
in unlawful detainer actions with contact information for lawyer
referral services that have requested inclusion in the unlawful
detainer notice, and information on how to locate a lawyer
referral service through the California State Bar. That
information would be included in the mandatory notice mailed by
the court clerk to all defendants in the unlawful detainer
action. Under existing law, those notices already include
contact information for the county bar association and legal
services projects that provide legal services to low-income
AB 1865 (Alejo)
Page 4 of ?
persons. Thus, information about other lawyer referral services
would provide another way for the tenant to locate an attorney
should he or she decide to seek legal representation in the
action.
It should be noted that lawyer referral services must be
certified by the California State Bar and conform to standards
adopted by the California Supreme Court. The State Bar's Web
site notes that the referral process generally works as follows:
When you call a lawyer referral service, you will be asked
about your situation. If you have a legal problem, the
lawyer referral service will arrange an initial consultation
for you, or give you the name and number of a lawyer whom
you can contact directly to arrange a consultation. There is
usually a small charge for the consultation, but it may, in
some cases, be free. After the initial consultation, it is
up to you whether or not you want to hire the lawyer.
Those certified lawyer referral services are subject to various
requirements, including that an attorney may not directly or
indirectly own or operate a lawyer referral service if the
attorney individually or jointly receives more than twenty
percent of the referrals. Considering the prior issues with
"tenant defense services" raised with the enactment of SB 892
(Lockyer, Chapter 1007, Statutes of 1991) (see Background),
providing tenants with additional referral options that have
been certified by the State Bar would appear to further increase
access to legal services for those who desire to locate an
attorney to assist in the unlawful detainer action. The
Watsonville Law Center, in support, similarly asserts:
In many large counties . . . there can be several
metropolitan or geographic bar associations which are right
in the defendant's city, town or neighborhood, and which
also maintain non-profit, fully certified lawyer referral
services. If other bar associations within a county provide
lawyer referrals to low-income individuals, there is no
reason why such information should not be provided to the
people who need it.
As a result, this bill would allow courts to provide additional
information to defendants regarding lawyer referral services in
the area.
AB 1865 (Alejo)
Page 5 of ?
Support : California Rural Legal Assistance Foundation; City of
Santa Monica; Consumer Attorneys of California; Santa Clara
County La Raza Lawyers Association; Watsonville Law Center;
Western Center on Law & Poverty
Opposition : None Known
HISTORY
Source : Conference of California Bar Associations
Related Pending Legislation : None Known
Prior Legislation : SB 892 (Lockyer, Chapter 1007, Statutes of
1991) See Background and Comment 2.
Prior Vote :
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Appropriations Committee (Ayes 16, Noes 0)
Assembly Floor (Ayes 72, Noes 3)
**************