California Legislature—2013–14 Regular Session

Assembly BillNo. 2310


Introduced by Assembly Member Ridley-Thomas

February 21, 2014


An act to add Section 3485 to the Civil Code, relating to unlawful detainer, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2310, as introduced, Ridley-Thomas. Unlawful detainer: nuisance: unlawful weapons and ammunition.

(1) Existing law defines a nuisance and includes within this definition anything which is injurious to health, including the illegal sale of controlled substances. Existing law provides that a tenant who permits a nuisance to be maintained on leased property is guilty of unlawful detainer and may be evicted. Until January 1, 2014, the law authorized a city prosecutor or city attorney to file, in the name of the people, an action for unlawful detainer to abate the nuisance caused by illegal conduct involving unlawful weapons or ammunition on real property, as specified.

This bill would reenact provisions authorizing a city prosecutor or city attorney in specified counties to file an action for unlawful detainer to abate a nuisance caused by illegal conduct involving an unlawful weapons or ammunition described above. The bill would require the action to be based on an arrest report or other report, as specified. The bill would require, prior to filing an action specified notice be provided to the owner of the property, requiring the removal of the person is violating specified law, and would require notices to be served on both tenant and owner. The bill would require the owner to provide, within 30 calendar days of the mailing of the notice, all relevant information pertaining to the unlawful detainer case, or provide a written explanation regarding safety-related reasons for noncompliance, and an assignment of the right to bring an unlawful detainer action against the tenant. The bill would require the assignment to be on a form provided by the city prosecutor or city attorney and authorize it to contain a provision for costs of investigation, discovery, and reasonable attorney’s fees, not to exceed $600. The bill would permit joinder of the owner if the owner fails to respond, as specified, would give the case priority over similar proceedings, and authorize an award of specified costs and fees.

Among other things, the bill would permit a court to order a partial eviction, as specified, and would define “unlawful weapons or ammunition purpose” for the purposes. The bill would impose reporting requirements regarding the implementation of these programs upon the city attorney and city prosecutor of the participating jurisdictions and would require the California Research Bureau to submit a report to the Senate and Assembly Committees on Judiciary, as specified, summarizing the information collected and evaluating the merits of the programs established. The bill would apply to the Counties of Los Angeles, San Diego, Sacramento, and Alameda. By imposing new duties on local officials, this bill would create a state-mandated local program.

(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the counties of Los Angeles, San Diego, Sacramento, and Alameda.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

(4) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 3485 is added to the Civil Code, to read:

2

3485.  

(a) To abate the nuisance caused by illegal conduct
3involving an unlawful weapons or ammunition on real property,
P3    1the city prosecutor or city attorney may file, in the name of the
2people, an action for unlawful detainer against any person who is
3in violation of the nuisance or illegal purpose provisions of
4subdivision 4 of Section 1161 of the Code of Civil Procedure, with
5respect to that unlawful weapons or ammunition purpose. In filing
6this action, which shall be based upon an arrest report or other
7report by a law enforcement agency, reporting an offense
8committed on the property and documented by the observations
9of a police officer, the city prosecutor or city attorney shall utilize
10the procedures set forth in Chapter 4 (commencing with Section
111159) of Title 3 of Part 3 of the Code of Civil Procedure, except
12that in cases filed under this section, the following also shall apply:

13(1) (A)   Prior to filing an action pursuant to this section, the city
14prosecutor or city attorney shall give 30 calendar days’ written
15notice to the owner, requiring the owner to file an action for the
16removal of the person who is in violation of the nuisance or illegal
17purpose provisions of subdivision 4 of Section 1161 of the Code
18of Civil Procedure with respect to an unlawful weapons or
19ammunition purpose.

20(B) This notice shall include sufficient documentation
21establishing a violation of the nuisance or illegal purpose provisions
22of subdivision 4 of Section 1161 of the Code of Civil Procedure
23and an advisement to the owner of the assignment provision
24contained in subparagraph (D). The notice shall be served upon
25the owner and the tenant in accordance with subdivision (e).

26(C) The notice to the tenant shall, in at least 14-point bold type,
27meet the following requirements:

28(i) The notice shall contain the following language:


30“(Date)

31  

32(Name of tenant)

33(Address of tenant)

35  

Re: Civil Code Section 3485

37  

Dear (name of tenant):

39  

This letter is to inform you that an eviction action may soon be
40filed in court against you for suspected firearms activity. According
P4    1to state law, Civil Code Section 3485 provides for eviction of
2persons engaging in such conduct, as described below.

4  

(Name of police department) records indicate that you, (name
5of arrestee), were arrested on (date) for violations of (list violations)
6on (address of property).

8  

A letter has been sent to the property owner(s) advising of your
9arrest and the requirements of state law, as well as the landlord’s
10option to assign the unlawful detainer action to the (name of city
11attorney or prosecutor’s office).

13  

A list of legal assistance providers is provided below. Please
14note, this list is not exclusive and is provided for your information
15only; the (name of city attorney or prosecutor’s office) does not
16endorse or recommend any of the listed agencies.

18  

Sincerely,

20  

(Name of deputy city attorney or city prosecutor)

21Deputy City (Attorney or Prosecutor)

23  

Notice to Tenant: This notice is not a notice of eviction. You
24should call (name of the city attorney or prosecutor pursuing the
25action) at (telephone number) or a legal assistance provider to stop
26the eviction action if any of the following is applicable:

27     
28  

      (1) You are not the person named in this notice.

29  

30    (2) The person named in the notice does not live with you.

31

32  (3) The person named in the notice has permanently moved.

33
34  

    (4) You do not know the person named in the notice.

35    (5) You want to request that only the person involved in the
36nuisance be evicted, allowing the other residents to stay.

37   
38  

      (6) You have any other legal defense or legal reason to stop the
39eviction action. A list of legal assistance providers is attached to
40this notice. Some provide free legal assistance if you are eligible.”


P5    2(ii) The notice shall be provided to the tenant in English and,
3as translated, in all of the languages identified in subdivision (b)
4of Section 1632 of the Civil Code.

5(D) The owner shall, within 30 calendar days of the mailing of
6the written notice, either provide the city prosecutor or city attorney
7with all relevant information pertaining to the unlawful detainer
8case, or provide a written explanation setting forth any
9safety-related reasons for noncompliance, and an assignment to
10the city prosecutor or city attorney of the right to bring an unlawful
11detainer action against the tenant.

12(E) The assignment shall be on a form provided by the city
13 prosecutor or city attorney and may contain a provision for costs
14of investigation, discovery, and reasonable attorney’s fees, in an
15amount not to exceed six hundred dollars ($600).

16(F) If the city prosecutor or city attorney accepts the assignment
17of the right of the owner to bring the unlawful detainer action, the
18owner shall retain all other rights and duties, including the handling
19of the tenant’s personal property, following issuance of the writ
20of possession and its delivery to and execution by the appropriate
21agency.

22(2) Upon the failure of the owner to file an action pursuant to
23this section, or to respond to the city prosecutor or city attorney
24as provided in paragraph (1), or having filed an action, if the owner
25fails to prosecute it diligently and in good faith, the city prosecutor
26or city attorney may file and prosecute the action, and join the
27owner as a defendant in the action. This action shall have
28precedence over any similar proceeding thereafter brought by the
29owner, or to one previously brought by the owner and not
30prosecuted diligently and in good faith. Service of the summons
31and complaint upon the defendant owner shall be in accordance
32with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the
33Code of Civil Procedure.

34(3) If a jury or court finds the defendant tenant guilty of unlawful
35detainer in a case filed pursuant to paragraph (2), the city
36prosecutor or city attorney may be awarded costs, including the
37costs of investigation and discovery and reasonable attorney’s fees.
38These costs shall be assessed against the defendant owner, to whom
39notice was directed pursuant to paragraph (1), and once an abstract
P6    1of judgment is recorded, it shall constitute a lien on the subject
2real property.

3(4) This section shall not prevent a local governing body from
4adopting and enforcing laws, consistent with this section, relating
5to weapons or ammunition abatement. If local laws duplicate or
6supplement this section, this section shall be construed as providing
7alternative remedies and not preempting the field.

8(5) This section shall not prevent a tenant from receiving relief
9against a forfeiture of a lease pursuant to Section 1179 of the Code
10of Civil Procedure.

11(b) In any proceeding brought under this section, the court may,
12upon a showing of good cause, issue a partial eviction ordering
13the removal of any person, including, but not limited to, members
14of the tenant’s household if the court finds that the person has
15engaged in the activities described in subdivision (a). Persons
16removed pursuant to this section may be permanently barred from
17returning to or reentering any portion of the entire premises. The
18court may further order as an express condition of the tenancy that
19the remaining tenants shall not give permission to or invite any
20person who has been removed pursuant to this subdivision to return
21to or reenter any portion of the entire premises.

22(c) For purposes of this section, “unlawful weapons or
23ammunition purpose” means the illegal use, manufacture, causing
24to be manufactured, importation, possession, possession for sale,
25sale, furnishing, or giving away of any of the following:

26(1) A firearm, as defined in subdivision (a) of Section 16520 of
27the Penal Code.

28(2) Any ammunition, as defined in subdivision (b) of Section
2916150 of the Penal Code or in Section 16650 or 16660 of the Penal
30Code.

31(3) Any assault weapon, as defined in Section 30510 or 30515
32 of the Penal Code.

33(4) Any .50 BMG rifle, as defined in Section 30530 of the Penal
34Code.

35(5) Any tear gas weapon, as defined in Section 17250 of the
36Penal Code.

37(d) Notwithstanding subdivision (b) of Section 68097.2 of the
38Government Code, a public entity may waive all or part of the
39costs incurred in furnishing the testimony of a peace officer in an
40unlawful detainer action brought pursuant to this section.

P7    1(e) The notice and documentation described in paragraph (1)
2of subdivision (a) shall be given in writing and may be given either
3by personal delivery or by deposit in the United States mail in a
4sealed envelope, postage prepaid, addressed to the owner at the
5address known to the public entity giving the notice, or as shown
6on the last equalized assessment roll, if not known. Separate notice
7of not less than 30 calendar days and documentation shall be
8provided to the tenant in accordance with this subdivision. Service
9by mail shall be deemed to be completed at the time of deposit in
10the United States mail. Proof of giving the notice may be made by
11a declaration signed under penalty of perjury by any employee of
12the public entity which shows service in conformity with this
13section.

14(f) This section shall apply to the following courts:

15(1) In the County of Los Angeles, any court having jurisdiction
16over unlawful detainer cases involving real property situated in
17the City of Los Angeles or the City of Long Beach.

18(2) In the County of San Diego, any court having jurisdiction
19over unlawful detainer cases involving real property situated in
20the City of San Diego.

21(3) In the County of Alameda, any court with jurisdiction over
22unlawful detainer cases involving real property situated in the City
23of Oakland.

24(4) In the County of Sacramento, any court with jurisdiction
25over unlawful detainer cases involving real property situated in
26the City of Sacramento.

27(g) (1)   The city attorney and city prosecutor of each participating
28jurisdiction shall provide to the California Research Bureau the
29following information:

30(A) The number of notices provided pursuant to paragraph (1)
31of subdivision (a).

32(B) For each notice provided pursuant to paragraph (1) of
33subdivision (a), the following information:

34(i) The name and age, as provided by the landlord, of each
35person residing at the noticed address.

36(ii) Whether the person has previously received a notice pursuant
37to this section from the reporting city attorney or city prosecutor,
38and if so, whether the tenant vacated or was evicted as a result.

P8    1(C) For the tenant receiving the notice, whether the tenant has
2previously been arrested (other than an arrest that is the basis of
3this notice) for any of the offenses specified in subdivision (c).

4(D) The number of cases filed by an owner, upon notice.

5(E) The number of assignments executed by owners to the city
6attorney or city prosecutor.

7(F) The number of three-day, 30-day, or 60-day notices issued
8by the city attorney or city prosecutor.

9(G) The number of cases filed by the city attorney or city
10prosecutor.

11(H) The number of times that an owner is joined as a defendant
12pursuant to this section.

13(I) For the subtotal of cases filed by an owner, the city attorney,
14or the city prosecutor, the following information:

15(i) The number of judgments ordering an eviction or partial
16eviction, and specifying whether each was a default judgment,
17stipulated judgment, or judgment following trial.

18(ii) The number of cases, listed by separate categories, in which
19the case was withdrawn or in which the tenant prevailed.

20(iii) The number of other dispositions, and specifying the
21disposition.

22(iv) The number of defendants represented by counsel.

23(v) Whether the case was a trial by the court or a trial by a jury.

24(vi) Whether an appeal was taken, and, if so, the result of the
25appeal.

26(vii) The number of cases in which partial eviction was
27requested, and the number of cases in which the court ordered a
28partial eviction.

29(J) For the subtotal of cases in which a notice was provided
30pursuant to subdivision (a), but no case was filed, the following
31information:

32(i) The number of instances in which a tenant voluntarily vacated
33subsequent to receiving the notice.

34(ii) The number of instances in which a tenant vacated a unit
35prior to the providing of the notice.

36(iii) The number of cases in which the notice provided pursuant
37to subdivision (a) was erroneously sent to the tenant. This shall
38include a list of the reasons, if known, for the erroneously sent
39notice, such as reliance on information on the suspected violator’s
P9    1name or address that was incorrect, a clerical error, or any other
2reason.

3(iv) The number of other resolutions, and specifying the type
4of resolution.

5(K) For each case in which a notice was issued and the tenants
6either vacated the premises before a judgment in the unlawful
7detainer action or were evicted, the street address, city, and ZIP
8Code of residence where the tenants relocated, to the extent known.

9(2) (A)   Information compiled pursuant to this section shall be
10reported annually to the California Research Bureau on or before
11January 20.

12(B) The California Research Bureau shall thereafter submit a
13brief report to the Senate and Assembly Committees on Judiciary
14once on or before March 20, 2016, and once on or before March
1520, 2018, summarizing the information collected pursuant to this
16section and evaluating the merits of the programs established by
17this section. The report shall be submitted in compliance with
18Section 9795 of the Government Code.

19(3) Personally identifiable information submitted to the
20California Research Bureau pursuant to this section shall be
21confidential and shall not be publicly disclosed.

22

SEC. 2.  

The Legislature finds and declares that a special law
23is necessary and that a general law cannot be made applicable
24within the meaning of Section 16 of Article IV of the California
25Constitution because of the particular needs of the counties
26identified in this act and their unique experience with the law as
27it previously read.

28

SEC. 3.  

If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.

33

SEC. 4.  

This act is an urgency statute necessary for the
34immediate preservation of the public peace, health, or safety within
35the meaning of Article IV of the Constitution and shall go into
36immediate effect. The facts constituting the necessity are:

37In order that the counties specified in Section 1 of this act will
38have all the tools they need for the protection of public safety at
P10   1the earliest time, it is necessary that this bill go in to effect
2immediately.



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