BILL ANALYSIS Ó
AB 1865
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1865 (Alejo)
As Amended June 25, 2012
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |72-3 |(May 10, 2012) |SENATE: |37-0 |(August 13, |
| | | | | |2012) |
-----------------------------------------------------------------
Original Committee Reference: JUD.
SUMMARY : Expands court-provided notice to defendants in
eviction cases to provide information about lawyer referral
programs operated by nonprofit local bar associations.
Specifically, this bill requires the mandatory court notice sent
to each defendant in an unlawful detainer action to contain: 1)
the name and phone number of the county bar association; 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, as specified; and, 3) a
specified statement providing the telephone number and Web site
address of the State Bar.
The Senate amendments clarify the qualifications for an entity
that wishes to have its contact information included on the
court-provided notice, and specifies an additional statement on
the notice providing the telephone number and Web site address
of the State Bar.
EXISTING LAW :
1)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:
a) The name and telephone number of the county bar
association; and,
b) 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
AB 1865
Page 2
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.
2)Requires the State Bar, with the approval of the Supreme
Court, to formulate and enforce rules and regulations which,
among other things, do the following:
a) Establish minimum standards for lawyer referral
services. The minimum standards shall include provisions
ensuring that panel membership shall be open to all
attorneys practicing in the geographical area served who
are qualified by virtue of suitable experience, and
limiting attorney registration and membership fees to
reasonable sums which do not discourage widespread attorney
membership; and,
b) 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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill seeks to require the mandatory court notice
sent to each defendant in an unlawful detainer action to
contain, in addition to name and phone number of the county bar
association, both: 1) the name and telephone number of any
entity that requests inclusion on the notice and; and, 2) a
specified statement providing the telephone number and Web site
address of the State Bar. This bill provides that an entity
that wishes to appear on the court notice must demonstrate 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,
as established by the State Bar and Business and Professions
Code (BPC) Section 6155. Nothing in this bill or in existing
law authorizes an entity to mount a formal legal challenge or
appeal to any court notice that does not include its specific
contact information.
AB 1865
Page 3
According to the author, existing law unnecessarily restricts
the court from including more information about legal services
available to tenants on the court notice that is sent to tenants
facing eviction. For example, a nonprofit bar association in
Placer County may be qualified and available to serve tenants
facing eviction from properties in adjacent Sacramento County,
but current law prevents that association's contact information
from being made available through the court notice to tenants
who might benefit from it.
Existing law requires the court notice sent to tenants facing
eviction to provide the name and phone number of the county bar
association, as well as the name and number of offices or legal
service projects, as specified, that provide legal services to
low-income persons in the county in which the action was filed.
This latter requirement ensures that the notice provide the
contact information for at least one legal services provider
serving persons in that area, other than the county bar
association, that is funded by the federal Legal Services
Corporation (LSC) or that receive funds through the State Bar
program for legal services to indigent persons, pursuant to BPC
Section 6216. In short, existing law seems intended to help
connect defendants in unlawful detainer actions to a lawyer who
may provide legal counsel or advice, either through the bar
association's certified lawyer referral service or a LSC-funded
or BPC Section 6216-funded legal service provider.
In 1991, the Legislature passed and the Governor signed SB 892
(Lockyer), Chapter 1007, Statutes of 1991, which enacted many of
the provisions of Code of Civil Procedure Section 1161.2 to
respond to a perceived crisis stemming from unscrupulous
eviction defense services that used records of court filings in
civil cases to solicit and defraud tenants. The legislative
intent language of SB 892 noted that there "are many law firms
and organizations, such as those funded by the federal LSC,
which provide competent, thorough, and ethical legal advice and
representation to tenants. These organizations do not find it
necessary to solicit clients at their homes but instead respond
to requests for legal assistance." Legal services programs
operated by local county bar associations were included in the
statute because they met this description. The author contends
that an entity authorized to operate a lawyer referral service
also fits this description, and thus permitting the addition of
the entity's contact information to the court notice furthers
AB 1865
Page 4
the intent of the statute to assist tenants seeking legal
counsel with additional information about resources available to
them.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN:
0004725