Amended in Senate August 18, 2014

Amended in Senate July 1, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2310

Introduced by Assembly Members Ridley-Thomas and Dickinson

February 21, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2310, as amended, 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, until January 1, 2019, 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 begin delete an end delete unlawful weapons or ammunition described above. The bill would require the action to be based on an arrest begin delete report, end delete begin insert or warrant, end insert as specified. The bill would require, prior to filing an action, specified notice to be provided to the owner of the property, requiring the removal of the person begin insert who end insert is violating specified law, and would require notices to be served on both tenant and owner. begin insert The bill would authorize proof of giving the notice to be made by a declaration signed under penalty of perjury by an employee of the public entity giving the notice. end insert 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 would authorize an award of specified costs and fees. begin delete The bill would prohibit an unlawful detainer action pursuant to these provisions if the harm to the tenant clearly outweighs the benefit to the community. end delete begin insert The bill would require a court to dismiss, without prejudice, an unlawful detainer action if the grounds for an eviction have not been established and allow the court the discretion to dismiss the unlawful detainer action if the tenant establishes by clear and convincing evidence that the immediate eviction would pose an extreme hardship to the tenant and that the hardship outweighs the health, safety, or welfare of the neighbors or surrounding community, as specified. end insert

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 these 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 create a template for these local officials to submit information to the bureau, and the bureau in turn, would 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 begin delete require end delete begin insert allow a defendant to raise as an affirmative defense, the failure of end insert these jurisdictions to make a good faith effort to comply with the reporting requirements in order to bring unlawful detainer actions pursuant to these provisions. The bill would apply to the Counties of Alameda, Los Angeles, and Sacramento. By imposing new reporting requirements on local officials, begin insert and by expanding the scope of the crime of perjury, end insert 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 Alameda, Los Angeles, and Sacramento.

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(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.

end delete begin delete

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.

end delete begin insert

(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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert

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

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

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

3485.  

(a) To abate the nuisance caused by illegal conduct
involving an unlawful weapons or ammunition on real property,
the city prosecutor or city attorney may file, in the name of the
people, an action for unlawful detainer against any person who is
in violation of the nuisance or illegal purpose provisions of
subdivision 4 of Section 1161 of the Code of Civil Procedure, with
respect to that unlawful weapons or ammunition purpose. In filing
this action, which shall be based upon an arrest begin delete report end delete begin insert or warrant end insert
by a law enforcement agency, reporting an offense committed on
the property and documented by the observations of a begin delete police end delete begin insert law
enforcement end insert officer begin insert or agent end insert , the city prosecutor or city attorney
shall utilize the procedures set forth in Chapter 4 (commencing
with Section 1159) of Title 3 of Part 3 of the Code of Civil
Procedure, except that in cases filed under this section, the
following also shall apply:

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

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

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

(i) The notice shall contain the following language:

“(Date)

 

(Name of tenant)

(Address of tenant)

 

Re: Civil Code Section 3485

 

Dear (name of tenant):

 

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

 

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

 

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

 

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

 

Sincerely,

 

(Name of deputy city attorney or city prosecutor)

Deputy City (Attorney or Prosecutor)

 

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

 

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

 

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

 

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

 

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

begin insert end insert

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

 

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

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

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

(E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs
of investigation, discovery, and reasonable attorney’s fees, in an
amount not to exceed six hundred dollars ($600). An owner shall
only be required to pay the costs or fees upon acceptance of the
assignment and the filing of the action for unlawful detainer by
the city prosecutor or the city attorney.

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

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

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

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

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

begin delete

(6) A city prosecutor or city attorney shall not file an unlawful
detainer action against a person pursuant to this section if the harm
that the action would cause to that person clearly outweighs the
benefits to the community.

end delete begin insert

(6) In an unlawful detainer action filed pursuant to this section,
the court shall make one of the following orders:

end insert begin insert

(A) If the grounds for an eviction have not been established
pursuant to this section, the court shall dismiss, without prejudice,
the unlawful detainer action.

end insert begin insert

(B) If the grounds for an eviction have been established pursuant
to this section, the court shall do either of the following:

end insert begin insert

(i) Order that the tenant and all occupants be immediately
evicted from the property.

end insert begin insert

(ii) Dismiss the unlawful detainer action with or without
prejudice or stay execution of an eviction order for a reasonable
length of time if the tenant establishes by clear and convincing
evidence that the immediate eviction would pose an extreme
hardship to the tenant and that the hardship outweighs the health,
safety, or welfare of the neighbors or surrounding community. The
court shall not find an extreme hardship solely on the basis of
economic hardship or the financial inability of the tenant to pay
for and secure other housing or lodging accommodations.

end insert begin insert

(C) If the grounds for a partial eviction have been established
pursuant to subdivision (b), the court shall order that those persons
be immediately removed and barred from the property, but the
court shall not order the tenancy be terminated.

end insert

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

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

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

(2) Any ammunition, as defined in subdivision (b) of Section
16150 of the Penal Code or in Section 16650 or 16660 of the Penal
Code.

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

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

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

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

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

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

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

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

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

(g) (1) In a template provided by the California Research
Bureau, the city attorney and city prosecutor of each participating
jurisdiction shall provide to the California Research Bureau the
following information:

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

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

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

(ii) The racial or ethnic identity of the tenant against whom the
unlawful detainer is sought.

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

(iv) The date the initial notice was issued.

(C) Whether the tenant has previously been arrested (other than
an arrest that is the basis of this notice) for any of the offenses
specified in subdivision (c).

(D) Whether, upon notice, the case was filed by the owner, and
if so, the filing date and number.

(E) Whether the assignment was executed by the owner to the
city attorney or city prosecutor.

(F) Whether 3-day, 30-day, or 60-day notices were issued by
the city attorney or city prosecutor, and if so, the date each was
issued.

(G) Whether the case was filed by the city attorney or city
prosecutor, and if so, the filing date and case number.

(H) Whether the owner was joined as a defendant pursuant to
this section.

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

(i) If a judgment was entered, the date of the judgment, whether
the judgment ordered an eviction or partial eviction, and whether
the judgment was a default judgment, stipulated judgment, or
judgment following trial.

(ii) Whether the case was withdrawn or in which the tenant
prevailed.

(iii) Whether there was another disposition, and specifying the
type of disposition.

(iv) Whether the defendant was represented by counsel.

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

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

(vii) Whether a partial eviction was requested, and whether the
court ordered a partial eviction.

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

(i) Whether a tenant voluntarily vacated subsequent to receiving
the notice, and if so, the date vacated.

(ii) Whether a tenant vacated a unit prior to the providing of the
notice, and if so, the date vacated.

(iii) Whether the notice provided pursuant to subdivision (a)
was erroneously sent to the tenant. This shall include a list of the
reasons, if known, for the erroneously sent notice, such as reliance
on information on the suspected violator’s name or address that
was incorrect, a clerical error, or any other reason.

(iv) Whether there was another resolution, and specifying the
type of resolution.

(K) The street address, city, and ZIP Code of residence where
the tenants relocated, to the extent known.

(L) Whether the tenant continued to engage in unlawful activity
at his or her new place of residence, to the extent known.

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

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

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

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(h) A participating jurisdiction shall not be permitted to file, in
the name of the people, an action for unlawful detainer pursuant
to this section unless that jurisdiction has made a good faith effort
to collect and timely report all information to the California
Research Bureau required by subdivision (g).

end delete begin insert

(h) A defendant may raise as an affirmative defense, the failure
of the participating jurisdiction to make a good faith effort to
collect and timely report all information to the California Research
Bureau required by subdivision (g) for the reporting period
preceding the unlawful detainer action.

end insert

(i) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 2.  

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

SEC. 3.  

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

end delete begin insert

No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution for certain costs
that may be incurred by a local agency or school district because,
in that regard, this act creates a new crime or infraction, eliminates
a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.

end insert begin insert

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

end insert

SEC. 4.  

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

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