BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1865|
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THIRD READING
Bill No: AB 1865
Author: Alejo (D)
Amended: 6/25/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 7/3/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 72-3, 5/10/12 - See last page for vote
SUBJECT : Residential tenancies: eviction: notices
SOURCE : Conference of California Bar Associations
DIGEST : This bill requires 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.
ANALYSIS : 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
CONTINUED
AB 1865
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2
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 of Civil Procedures Section 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 standards, rules, and regulations, and to
possess a policy of errors and omissions insurance, as
specified. (Business & Professions Code Section
6155(f))
This bill requires 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:
AB 1865
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3
"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 Web site at www.calbar.ca.gov or call
1-866-442-2529."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/12)
Conference of California Bar Associations (source)
California Rural Legal Assistance Foundation
City of Santa Monica
Consumer Attorneys of California
Santa Clara County La Raza Lawyers Association
The Watsonville Law Center
Western Center on Law & Poverty
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR : 72-3, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Mitchell, Monning,
Nestande, Nielsen, Norby, Pan, Perea, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Donnelly, Mansoor, Morrell
AB 1865
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4
NO VOTE RECORDED: Fletcher, Furutani, Jeffries, Olsen, V.
Manuel Pérez
RJG:d 8/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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