California Legislature—2013–14 Regular Session

Assembly BillNo. 2485


Introduced by Assembly Member Dickinson

February 21, 2014


An act to add and repeal Sections 3485 and 3486.5 of the Civil Code, relating to civil law.

LEGISLATIVE COUNSEL’S DIGEST

AB 2485, as introduced, Dickinson. Unlawful detainer: nuisance: unlawful weapons and controlled substances.

(1) Existing law defines a nuisance and includes within this definition anything which is injurious to health, including the illegal sale of controlled substances, as defined. 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 an 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 the County of Sacramento to file an action for unlawful detainer, for property located in the City of Sacramento, to abate a nuisance caused by illegal conduct involving an unlawful weapons or ammunition or illegal sales of controlled substances. The bill would require the action to be based on an arrest report or other law enforcement report, as specified. The bill would require prior to filing an action to provide specified notice to the owner of the property, requiring the removal of the person who is violating specified law, and would require notices to be served on both tenant and owner. The bill would require the owner to provide to the city prosecution or city attorney, 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 would authorize the form 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 provisions upon the city attorney and city prosecutor of the County of Sacramento 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 only apply to the County of Sacramento. By imposing new duties on local officials, this bill would create a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento.

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.

Vote: majority. 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 purpose on real
P3    1property, the city prosecutor or city attorney may file, in the name
2of the people, an action for unlawful detainer against any person
3who is in violation of the nuisance or illegal purpose provisions
4of subdivision 4 of Section 1161 of the Code of Civil Procedure,
5with respect to that unlawful weapons or ammunition purpose. In
6filing this action, which shall be based upon an arrest report or
7other report 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 use
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:

29“(Date)

30(Name of tenant)

31(Address of tenant)

32Re: Civil Code Section 3485

33Dear (name of tenant):

34This letter is to inform you that an eviction action may soon be
35filed in court against you for suspected firearms activity. According
36to state law, Civil Code Section 3485 provides for eviction of
37persons engaging in such conduct, as described below.

38(Name of police department) records indicate that you, (name
39of arrestee), were arrested on (date) for violations of (list violations)
40on (address of property).

P4    1A letter has been sent to the property owner(s) advising of your
2arrest and the requirements of state law, as well as the landlord’s
3option to assign the unlawful detainer action to the (name of city
4attorney or prosecutor’s office).

5A list of legal assistance providers is provided below. Please
6note, this list is not exclusive and is provided for your information
7only; the (name of city attorney or prosecutor’s office) does not
8endorse or recommend any of the listed agencies.

9Sincerely,

10(Name of deputy city attorney or city prosecutor)

11Deputy City (Attorney or Prosecutor)

12Notice to Tenant: This notice is not a notice of eviction. You
13should call (name of the city attorney or prosecutor pursuing the
14action) at (telephone number) or a legal assistance provider to stop
15the eviction action if any of the following is applicable:

       

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

   

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

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

   

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

   

20    (5)   You want to request that only the person involved in the
21nuisance be evicted, allowing the other residents to stay.

     

22      (6)   You have any other legal defense or legal reason to stop the
23eviction action. A list of legal assistance providers is attached to
24this notice. Some provide free legal assistance if you are eligible.”

25(ii) The notice shall be provided to the tenant in English and,
26as translated, in all of the languages identified in subdivision (b)
27of Section 1632.

28(D) The owner shall, within 30 calendar days of the mailing of
29the written notice, either provide the city prosecutor or city attorney
30with all relevant information pertaining to the unlawful detainer
31case, or provide a written explanation setting forth any
32safety-related reasons for noncompliance, and an assignment to
33the city prosecutor or city attorney of the right to bring an unlawful
34detainer action against the tenant.

35(E) The assignment shall be on a form provided by the city
36prosecutor or city attorney and may contain a provision for costs
37of investigation, discovery, and reasonable attorney’s fees, in an
38amount not to exceed six hundred dollars ($600).

39(F) If the city prosecutor or city attorney accepts the assignment
40of the right of the owner to bring the unlawful detainer action, the
P5    1owner shall retain all other rights and duties, including the handling
2of the tenant’s personal property, following issuance of the writ
3of possession and its delivery to and execution by the appropriate
4agency.

5(2) Upon the failure of the owner to file an action pursuant to
6this section, or to respond to the city prosecutor or city attorney
7as provided in paragraph (1), or having filed an action, if the owner
8fails to prosecute it diligently and in good faith, the city prosecutor
9or city attorney may file and prosecute the action, and join the
10owner as a defendant in the action. This action shall have
11precedence over any similar proceeding thereafter brought by the
12owner, or to one previously brought by the owner and not
13prosecuted diligently and in good faith. Service of the summons
14and complaint upon the defendant owner shall be in accordance
15with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the
16Code of Civil Procedure.

17(3) If a jury or court finds the defendant tenant guilty of unlawful
18detainer in a case filed pursuant to paragraph (2), the city
19prosecutor or city attorney may be awarded costs, including the
20costs of investigation and discovery and reasonable attorney’s fees.
21These costs shall be assessed against the defendant owner, to whom
22notice was directed pursuant to paragraph (1), and once an abstract
23of judgment is recorded, it shall constitute a lien on the subject
24real property.

25(4) This section shall not prevent a local governing body from
26adopting and enforcing laws, consistent with this section, relating
27to weapons or ammunition abatement. If local laws duplicate or
28supplement this section, this section shall be construed as providing
29alternative remedies and not preempting the field.

30(5) This section shall not prevent a tenant from receiving relief
31against a forfeiture of a lease pursuant to Section 1179 of the Code
32of Civil Procedure.

33(b) In any proceeding brought under this section, the court may,
34upon a showing of good cause, issue a partial eviction ordering
35the removal of any person, including, but not limited to, members
36of the tenant’s household if the court finds that the person has
37engaged in the activities described in subdivision (a). Persons
38removed pursuant to this section may be permanently barred from
39returning to or reentering any portion of the entire premises. The
40court may further order as an express condition of the tenancy that
P6    1the remaining tenants shall not give permission to or invite any
2person who has been removed pursuant to this subdivision to return
3to or reenter any portion of the entire premises.

4(c) For purposes of this section, “unlawful weapons or
5ammunition purpose” means the illegal use, manufacture, causing
6to be manufactured, importation, possession, possession for sale,
7sale, furnishing, or giving away of any of the following:

8(1) A firearm, as defined in subdivision (a) of Section 16520 of
9the Penal Code.

10(2) Any ammunition, as defined in subdivision (b) of Section
1116150 of the Penal Code or in Section 16650 or 16660 of the Penal
12Code.

13(3) Any assault weapon, as defined in Section 30510 or 30515
14of the Penal Code.

15(4) Any .50 BMG rifle, as defined in Section 30530 of the Penal
16Code.

17(5) Any tear gas weapon, as defined in Section 17250 of the
18Penal Code.

19(d) Notwithstanding subdivision (b) of Section 68097.2 of the
20Government Code, a public entity may waive all or part of the
21costs incurred in furnishing the testimony of a peace officer in an
22unlawful detainer action brought pursuant to this section.

23(e) The notice and documentation described in paragraph (1)
24of subdivision (a) shall be given in writing and may be given either
25by personal delivery or by deposit in the United States mail in a
26sealed envelope, postage prepaid, addressed to the owner at the
27address known to the public entity giving the notice, or as shown
28on the last equalized assessment roll, if not known. Separate notice
29of not less than 30 calendar days and documentation shall be
30provided to the tenant in accordance with this subdivision. Service
31by mail shall be deemed to be completed at the time of deposit in
32the United States mail. Proof of giving the notice may be made by
33a declaration signed under penalty of perjury by any employee of
34the public entity which shows service in conformity with this
35section.

36(f) This section shall apply only in the County of Sacramento
37to any court with jurisdiction over unlawful detainer cases
38involving real property situated in the City of Sacramento.

P7    1(g) (1)   The city attorney and city prosecutor of the County of
2Sacramento shall provide to the California Research Bureau the
3following information:

4(A) The number of notices provided pursuant to paragraph (1)
5of subdivision (a).

6(B) For each notice provided pursuant to paragraph (1) of
7subdivision (a), the following information:

8(i) The name and age, as provided by the landlord, of each
9person residing at the noticed address.

10(ii) Whether the person has previously received a notice pursuant
11to this section from the reporting city attorney or city prosecutor,
12and if so, whether the tenant vacated or was evicted as a result.

13(C) For the tenant receiving the notice, whether the tenant has
14previously been arrested (other than an arrest that is the basis of
15this notice) for any of the offenses specified in subdivision (c).

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

17(E) The number of assignments executed by owners to the city
18attorney or city prosecutor.

19(F) The number of 3-day, 30-day, or 60-day notices issued by
20the city attorney or city prosecutor.

21(G) The number of cases filed by the city attorney or city
22prosecutor.

23(H) The number of times that an owner is joined as a defendant
24pursuant to this section.

25(I) For the subtotal of cases filed by an owner, the city attorney,
26or the city prosecutor, the following information:

27(i) The number of judgments ordering an eviction or partial
28eviction, and specifying whether each was a default judgment,
29stipulated judgment, or judgment following trial.

30(ii) The number of cases, listed by separate categories, in which
31the case was withdrawn or in which the tenant prevailed.

32(iii) The number of other dispositions, and specifying the
33disposition.

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

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

36(vi) Whether an appeal was taken, and, if so, the result of the
37appeal.

38(vii) The number of cases in which partial eviction was
39requested, and the number of cases in which the court ordered a
40partial eviction.

P8    1(J) For the subtotal of cases in which a notice was provided
2pursuant to subdivision (a), but no case was filed, the following
3information:

4(i) The number of instances in which a tenant voluntarily vacated
5subsequent to receiving the notice.

6(ii) The number of instances in which a tenant vacated a unit
7prior to the providing of the notice.

8(iii) The number of cases in which the notice provided pursuant
9to subdivision (a) was erroneously sent to the tenant. This shall
10include a list of the reasons, if known, for the erroneously sent
11notice, such as reliance on information on the suspected violator’s
12name or address that was incorrect, a clerical error, or any other
13 reason.

14(iv) The number of other resolutions, and specifying the type
15of resolution.

16(K) For each case in which a notice was issued and the tenants
17either vacated the premises before a judgment in the unlawful
18detainer action or were evicted, the street address, city, and ZIP
19Code of residence where the tenants relocated, to the extent known.

20(2) (A)   Information compiled pursuant to this section shall be
21reported annually to the California Research Bureau on or before
22January 20.

23(B) The California Research Bureau shall thereafter submit a
24brief report to the Senate and Assembly Committees on Judiciary
25once on or before March 20, 2016, and once on or before March
2620, 2018, summarizing the information collected pursuant to this
27section and evaluating the merits of the pilot programs established
28by this section. The report for this section shall be submitted in
29compliance with Section 9795 of the Government Code and may
30be combined with the California Research Bureau report submitted
31for the pilot program established by Section 3486. The 2018 report
32shall indicate whether the City of Sacramento has regularly
33reported to the bureau.

34(3) Personally identifiable information submitted to the
35California Research Bureau pursuant to this section shall be
36confidential and shall not be publicly disclosed.

37(h) This section shall remain in effect only until January 1, 2019,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2019, deletes or extends that date.

P9    1(PU Amended by Stats. 2009, Ch. 244, Sec. 1. (AB 530)
2Effective January 1, 2010. Repealed as of January 1, 2014, by its
3own provisions.)

4

SEC. 2.  

Section 3486.5 is added to the Civil Code, to read:

5

3486.5.  

(a) To abate the nuisance caused by illegal conduct
6involving a controlled substance purpose on real property, the city
7prosecutor or city attorney may file, in the name of the people, an
8action for unlawful detainer against any person who is in violation
9of the nuisance or illegal purpose provisions of subdivision 4 of
10Section 1161 of the Code of Civil Procedure, with respect to that
11controlled substance purpose. In filing this action, which shall be
12based upon an arrest report or other report by a law enforcement
13agency, reporting an offense committed on the property and
14documented by the observations of a police officer, the city
15prosecutor or city attorney shall use the procedures set forth in
16Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of
17the Code of Civil Procedure, except that in cases filed under this
18section, the following also shall apply:

19(1) (A)   Prior to filing an action pursuant to this section, the city
20prosecutor or city attorney shall give 30 calendar days’ written
21notice to the owner, requiring the owner to file an action for the
22removal of the person who is in violation of the nuisance or illegal
23purpose provisions of subdivision 4 of Section 1161 of the Code
24of Civil Procedure with respect to a controlled substance purpose.

25(B) This notice shall include sufficient documentation
26establishing a violation of the nuisance or illegal purpose provisions
27of subdivision 4 of Section 1161 of the Code of Civil Procedure
28and an advisement to the owner of the assignment provision
29contained in subparagraph (D). The notice shall be served upon
30the owner and the tenant in accordance with subdivision (e).

31(C) The notice to the tenant shall, in at least 14-point bold type,
32meet the following requirements:

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

34“(Date)

35(Name of tenant)

36(Address of tenant)

37Re: Civil Code Section 3486.5

38Dear (name of tenant):

39This letter is to inform you that an eviction action may soon be
40filed in court against you for suspected drug activity. According
P10   1to state law, Civil Code Section 3486 provides for eviction of
2persons engaging in such conduct, as described below.

3(Name of police department) records indicate that you, (name
4of arrestee), were arrested on (date) for violations of (list violations)
5on (address of property).

6A letter has been sent to the property owner(s) advising of your
7arrest and the requirements of state law, as well as the landlord’s
8option to assign the unlawful detainer action to the (name of city
9attorney or prosecutor’s office).

10A list of legal assistance providers is provided below. Please
11note, this list is not exclusive and is provided for your information
12only; the (name of city attorney or prosecutor’s office) does not
13endorse or recommend any of the listed agencies.

14Sincerely,

15(Name of deputy city attorney or city prosecutor)

16Deputy City (Attorney or Prosecutor)

17Notice to Tenant: This notice is not a notice of eviction. You
18should call (name of the city attorney or prosecutor pursuing the
19action) at (telephone number) or a legal assistance provider to stop
20the eviction action if any of the following is applicable:

21(1) You are not the person named in this notice.

22(2) The person named in the notice does not live with you.

23(3) The person named in the notice has permanently moved.

24(4) You do not know the person named in the notice.

25(5) You want to request that only the person involved in the
26nuisance be evicted, allowing the other residents to stay.

27(6) You have any other legal defense or legal reason to stop the
28eviction action.

29A list of legal assistance providers is attached to this notice.
30Some provide free legal assistance if you are eligible.”

31(ii) The notice shall be provided to the tenant in English and,
32as translated, in all of the languages identified in subdivision (b)
33of Section 1632.

34(D) The owner shall, within 30 calendar days of the mailing of
35the written notice, either provide the city prosecutor or city attorney
36with all relevant information pertaining to the unlawful detainer
37case, or provide a written explanation setting forth any
38safety-related reasons for noncompliance, and an assignment to
39the city prosecutor or city attorney of the right to bring an unlawful
40detainer action against the tenant.

P11   1(E) The assignment shall be on a form provided by the city
2prosecutor or city attorney and may contain a provision for costs
3of investigation, discovery, and reasonable attorney’s fees, in an
4amount not to exceed six hundred dollars ($600).

5(F) If the city prosecutor or city attorney accepts the assignment
6of the right of the owner to bring the unlawful detainer action, the
7owner shall retain all other rights and duties, including the handling
8of the tenant’s personal property, following issuance of the writ
9of possession and its delivery to and execution by the appropriate
10agency.

11(2) Upon the failure of the owner to file an action pursuant to
12this section, or to respond to the city prosecutor or city attorney
13as provided in paragraph (1), or having filed an action, if the owner
14fails to prosecute it diligently and in good faith, the city prosecutor
15or city attorney may file and prosecute the action, and join the
16owner as a defendant in the action. This action shall have
17precedence over any similar proceeding thereafter brought by the
18owner, or to one previously brought by the owner and not
19prosecuted diligently and in good faith. Service of the summons
20and complaint upon the defendant owner shall be in accordance
21with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the
22Code of Civil Procedure.

23(3) If a jury or court finds the defendant tenant guilty of unlawful
24detainer in a case filed pursuant to paragraph (2), the city
25prosecutor or city attorney may be awarded costs, including the
26costs of investigation and discovery and reasonable attorney’s fees.
27These costs shall be assessed against the defendant owner, to whom
28notice was directed pursuant to paragraph (1), and once an abstract
29of judgment is recorded, it shall constitute a lien on the subject
30real property.

31(4) Nothing in this section shall prevent a local governing body
32from adopting and enforcing laws, consistent with this section,
33relating to drug abatement. If local laws duplicate or supplement
34this section, this section shall be construed as providing alternative
35remedies and not preempting the field.

36(5) This section shall not prevent a tenant from receiving relief
37against a forfeiture of a lease pursuant to Section 1179 of the Code
38of Civil Procedure.

39(b) In any proceeding brought under this section, the court may,
40upon a showing of good cause, issue a partial eviction ordering
P12   1the removal of any person, including, but not limited to, members
2of the tenant’s household if the court finds that the person has
3engaged in the activities described in subdivision (a). Persons
4removed pursuant to this section may be permanently barred from
5returning to or reentering any portion of the entire premises. The
6court may further order as an express condition of the tenancy that
7the remaining tenants shall not give permission to or invite any
8person who has been removed pursuant to this subdivision to return
9to or reenter any portion of the entire premises.

10(c) For the purposes of this section, “controlled substance
11purpose” means the manufacture, cultivation, importation into the
12state, transportation, possession, possession for sale, sale,
13furnishing, administering, or giving away, or providing a place to
14use or fortification of a place involving, cocaine, phencyclidine,
15heroin, methamphetamine, or any other controlled substance, in a
16violation of subdivision (a) of Section 11350, Section 11351,
1711351.5, 11352, or 11359, subdivision (a) of Section 11360, or
18Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
1911379.6, or 11383 of the Health and Safety Code.

20(d) Notwithstanding subdivision (b) of Section 68097.2 of the
21Government Code, a public entity may waive all or part of the
22costs incurred in furnishing the testimony of a peace officer in an
23unlawful detainer action brought pursuant to this section.

24(e) The notice and documentation described in paragraph (1)
25of subdivision (a) shall be given in writing and may be given either
26by personal delivery or by deposit in the United States mail in a
27sealed envelope, postage prepaid, addressed to the owner at the
28address known to the public entity giving the notice, or as shown
29on the last equalized assessment roll, if not known. Separate notice
30of not less than 30 calendar days and documentation shall be
31provided to the tenant in accordance with this subdivision. Service
32by mail shall be deemed to be completed at the time of deposit in
33the United States mail. Proof of giving the notice may be made by
34a declaration signed under penalty of perjury by any employee of
35the public entity which shows service in conformity with this
36section.

37(f) This section shall apply only in the County of Sacramento
38any court with jurisdiction over unlawful detainer cases involving
39real property situated in the City of Sacramento.

P13   1(g) (1)   The city attorney and city prosecutor of the County of
2Sacramento shall provide to the California Research Bureau the
3following information:

4(A) The number of notices provided pursuant to paragraph (1)
5of subdivision (a).

6(B) For each notice provided pursuant to paragraph (1) of
7subdivision (a), the following information:

8(i) The name and age, as provided by the landlord, of each
9person residing at the noticed address.

10(ii) Whether the person has previously received a notice pursuant
11to this section from the reporting city attorney or city prosecutor,
12and if so, whether the tenant vacated or was evicted as a result.

13(C) For the tenant receiving the notice, whether the tenant has
14previously been arrested (other than an arrest that is the basis of
15this notice) for any of the offenses specified in subdivision (c).

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

17(E) The number of assignments executed by owners to the city
18attorney or prosecutor.

19(F) The number of three-day, 30-day, or 60-day notices issued
20by the city attorney or city prosecutor.

21(G) The number of cases filed by the city attorney or city
22prosecutor.

23(H) The number of times that an owner is joined as a defendant
24pursuant to this section.

25(I) For the subtotal of cases filed by an owner, the city attorney,
26or the city prosecutor, the following information:

27(i) The number of judgments ordering an eviction or partial
28eviction specifying whether each was a default judgment, stipulated
29judgment, or judgment following trial.

30(ii) The number of cases, listed by separate categories, in which
31the case was withdrawn or in which the tenant prevailed.

32(iii) The number of other dispositions and specifying the
33disposition.

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

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

36(vi) Whether an appeal was taken, and, if so, the result of the
37appeal.

38(vii) The number of cases in which partial eviction was
39requested, and the number of cases in which the court ordered a
40partial eviction.

P14   1(J) For the subtotal of cases in which a notice was provided
2pursuant to subdivision (a), but no case was filed, the following
3information:

4(i) The number of instances in which a tenant voluntarily vacated
5subsequent to receiving the notice.

6(ii) The number of instances in which a tenant vacated a unit
7prior to the providing of the notice.

8(iii) The number of cases in which the notice provided pursuant
9to subdivision (a) was erroneously sent to the tenant. This shall
10include a list of the reasons, if known, for the erroneously sent
11notice, such as reliance on information on the suspected violator’s
12name or address that was incorrect, a clerical error, or other reason.

13(iv) The number of other resolutions.

14(K) For each case in which a notice was issued and the tenants
15either vacated the premises before a judgment in the unlawful
16detainer action or were evicted, the street address, city, and ZIP
17Code of residence where the tenants relocated, to the extent known.

18(2) (A)   Information compiled pursuant to this section shall be
19reported annually to the California Research Bureau on or before
20January 20.

21(B) The California Research Bureau shall thereafter submit a
22brief report to the Senate and Assembly Committees on Judiciary
23once on or before March 20, 2016, and once on or before March
2420, 2018, summarizing the information collected pursuant to this
25section and evaluating the merits of the pilot programs established
26by this section. The report for this section shall be submitted in
27compliance with Section 9795 of the Government Code and may
28be combined with the California Research Bureau report submitted
29for the pilot program established by Section 3485. The 2018 report
30shall indicate whether the City of Sacramento has regularly
31reported to the bureau.

32(3) Personally identifiable information submitted to the
33California Research Bureau pursuant to this section shall be
34confidential and shall not be publicly disclosed.

35(h) This section shall remain in effect only until January 1, 2019,
36and as of that date is repealed, unless a later enacted statute, that
37is enacted before January 1, 2019, deletes or extends that date.

38

SEC. 3.  

The Legislature finds and declares that a special law
39is necessary and that a general law cannot be made applicable
40within the meaning of Section 16 of Article IV of the California
P15   1Constitution because the City of Sacramento has a unique and
2historic role in reporting data regarding city attorney sponsored
3unlawful detainer actions and outcomes to the California Research
4Bureau in assessing the effectiveness of this program.

5

SEC. 4.  

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.



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