Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2485

Introduced by Assembly begin delete Member end delete begin insert Members end insert Dickinson begin insert and Ridley-Thomas end insert

February 21, 2014

An act to begin insert amend Section 3486 of, and to end insert add and repeal begin delete Sections 3485 and end delete begin insert Section end insert 3486.5 of the Civil Code, relating to civil law.

LEGISLATIVE COUNSEL’S DIGEST

AB 2485, as amended, Dickinson. Unlawful detainer: nuisance: begin delete unlawful weapons and end delete controlled substances.

begin delete

(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.

end delete begin insert

Existing law establishes the criteria for determining when a tenant is guilty of unlawful detainer, including conduct involving illegally selling a controlled substance, or the commission of an offense involving the unlawful possession or use of illegal weapons or ammunition or the use of the premises to further that purpose. Any of those acts may be deemed to constitute committing a nuisance on the premises. Existing law authorizes, in the County of Los Angeles only, a city prosecutor or city attorney to file an action for unlawful detainer in the name of the people against any person who is in violation of the nuisance or the illegal purpose provisions of the unlawful detainer provision described above, with respect to controlled substances.

end insert

This bill would, until January 1, 2019, begin delete 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. end delete begin insert extend the unlawful detainer provisions above regarding illegally selling controlled substances, applicable only to the County of Los Angeles, to also include the County of Sacramento. The bill would also, until January 1, 2019, require the County of Sacramento to comply with specified reporting requirements to the California Research Bureau, on or before January 20 annually, regarding prosecutions and evictions carried out under these provisions. end insert

begin delete

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.

end delete

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:

begin delete

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 purpose 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 report or
other report by a law enforcement agency, reporting an offense
committed on the property and documented by the observations
of a police officer, the city prosecutor or city attorney shall use
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.

   

    (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.

(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).

(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.

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

(g) (1)   The city attorney and city prosecutor of the County of
Sacramento 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) 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.

(C) For the tenant receiving the notice, 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) The number of cases filed by an owner, upon notice.

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

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

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

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

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

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

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

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

(iv) The number of defendants 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.

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

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

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

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

(iii) The number of cases in which 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) The number of other resolutions, and specifying the type
of resolution.

(K) For each case in which a notice was issued and the tenants
either vacated the premises before a judgment in the unlawful
detainer action or were evicted, the street address, city, and ZIP
Code of residence where the tenants relocated, 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 pilot programs established
by this section. The report for this section shall be submitted in
compliance with Section 9795 of the Government Code and may
be combined with the California Research Bureau report submitted
for the pilot program established by Section 3486. The 2018 report
shall indicate whether the City of Sacramento has regularly
reported to the bureau.

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

(h) 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.

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

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3486 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

3486.  

(a) To abate the nuisance caused by illegal conduct
involving a controlled substance purpose 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
controlled substance purpose. In filing this action, which shall be
based upon an arrest report or other report by a law enforcement
agency, reporting an offense committed on the property and
documented by the observations of a police officer, the city
prosecutor or city attorney shall use 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 a controlled substance 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 3486

 

Dear (name of tenant):

 

This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According
to state law, Civil Code Section 3486 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.

(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 (a)
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).

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

(5) Nothing in this section shall prevent a tenant from receiving
relief against a forfeiture of a lease pursuant to Section 1179 of
the Code of Civil Procedure.

(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 the purposes of this section, “controlled substance
purpose” means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety 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 in the County of Los Angeles
to any court having jurisdiction over unlawful detainer cases
involving real property situated in the City of Los Angeles.

begin delete

(g) This section shall become operative on January 1, 2014,
only if the City of Los Angeles has regularly reported to the
California Research Bureau as required by this section, as it read
during the period from January 1, 2010, to January 1, 2014,
inclusive. For purposes of this section, the City of Los Angeles
shall be deemed to have complied with this reporting requirement
if the 2013 report to the Legislature by the California Research
Bureau indicates that the City of Los Angeles has regularly reported
to the bureau.

end delete begin insert

(g) (1) Notwithstanding subdivision (f), this section shall apply
in the County of Sacramento to any court having jurisdiction over
unlawful detainer cases involving real property situated in the
County of Sacramento.

end insert begin insert

(2) This subdivision 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.

end insert

SEC. 2.  

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

begin delete

3486.5.  

(a) To abate the nuisance caused by illegal conduct
involving a controlled substance purpose 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
controlled substance purpose. In filing this action, which shall be
based upon an arrest report or other report by a law enforcement
agency, reporting an offense committed on the property and
documented by the observations of a police officer, the city
prosecutor or city attorney shall use 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 a controlled substance 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 3486.5

 

Dear (name of tenant):

 

This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According
to state law, Civil Code Section 3486 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.

(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.

(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).

(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) Nothing in this section shall prevent a local governing body
from adopting and enforcing laws, consistent with this section,
relating to drug 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.

(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 the purposes of this section, “controlled substance
purpose” means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety 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

end delete

begin insert

begin insert 3486.5. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert Section 3486 shall apply end insert in the County of
begin delete Sacramento end delete begin insert Sacramento, in end insert any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Sacramento.

begin delete

(g)

end delete

begin insert (b) end insert  (1)  begin delete The end delete begin insert In a template provided by the California Research
Bureau, the end insert city attorney and city prosecutor of the County of
Sacramento shall provide to the California Research Bureau the
following information begin insert pertaining to cases filed pursuant to Section
3486 end insert :

(A) The number of notices provided pursuant to paragraph (1)
of subdivision (a) begin insert of Section 3486 end insert .

(B) For each notice provided pursuant to paragraph (1) of
subdivision (a) begin insert of Section 3486 end insert , the following information:

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

(ii) 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.

begin insert

(iii) The date the initial notice was issued.

end insert

(C)  begin delete For the tenant receiving the notice, whether end delete begin insert Whether end insert 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) begin insert of Section 3486 end insert .

(D)  begin delete The number of cases filed by an owner, upon notice. end delete
begin insert Whether, upon notice, the case was filed end insert begin insert by the owner, and if so,
the filing date and case number. end insert

(E)  begin delete The number of assignments executed by owners end delete begin insert Whether
the assignment was executed by the owner end insert to the city attorney or
prosecutor.

(F)  begin delete The number of end delete begin insert Whether end insert 3-day, 30-day, or 60-day notices
begin insert were end insert issued by the city attorney or city begin delete prosecutor end delete begin insert prosecutor, and
if so, the date end insert begin insert each was issued end insert .

(G)  begin delete The number of cases end delete begin insert Whether the case was end insert filed by the city
attorney or city prosecutor begin insert , and if so, the filing date and case
number end insert .

(H)  begin delete The number of times that an end delete begin insert Whether the end insert owner is joined
as a defendant pursuant to this section.

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

(i)  begin delete The number of judgments ordering an eviction or partial
eviction specifying whether each end delete begin insert If a judgment was entered, the
date of the judgment, whether the judgment ordered an eviction
or partial eviction, and whether the judgment end insert was a default
judgment, stipulated judgment, or judgment following trial.

(ii)  begin delete The number of cases, listed by separate categories, in which end delete
begin insert Whether end insert the case was withdrawn or begin delete in which end delete the tenant prevailed.

(iii)  begin delete The number of other dispositions end delete begin insert Whether there was another
disposition, end insert and begin delete specifying end delete the begin insert type of end insert disposition.

(iv)  begin delete The number of defendants end delete begin insert Whether the defendant was end insert
represented by counsel.

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

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

(vii)  begin delete The number of cases in which end delete begin insert Whether a end insert partial eviction
was requested, and begin delete the number of cases in which end delete begin insert whether end insert the court
ordered a partial eviction.

(J) For begin delete the subtotal of end delete cases in which a notice was provided
pursuant to subdivision (a) begin insert of Section 3486 end insert , but no case was filed,
the following information:

(i)  begin delete The number of instances in which end delete begin insert Whether end insert a tenant
voluntarily vacated subsequent to receiving the begin delete notice end delete begin insert notice, and
if so, the date vacated end insert .

(ii)  begin delete The number of instances in which end delete begin insert Whether end insert a tenant vacated
a unit prior to the providing of the begin delete notice end delete begin insert notice, and if so, the date
vacated end insert .

(iii)  begin delete The number of cases in which end delete begin insert Whether end insert the notice provided
pursuant to subdivision (a) begin insert of Section 3486 end insert 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 other reason.

(iv)  begin delete The number of other resolutions. end delete begin insert Whether there was another
resolution and end insert begin insert the type of resolution. end insert

(K)  begin delete For each case in which a notice was issued and the tenants
either vacated the premises before a judgment in the unlawful
detainer action or were evicted, the end delete begin insert The end insert street address, city, and
ZIP Code of residence where the tenants relocated, 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 pilot programs established
by this section. The report for this section shall be submitted in
compliance with Section 9795 of the Government Code and may
be combined with the California Research Bureau report submitted
for the pilot program established by Section 3485. The 2018 report
shall indicate whether the City of Sacramento has regularly
reported to the bureau.

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

begin delete

(h)

end delete

begin insert (c) end insert  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. 3.  

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 the City of Sacramento has a unique and
historic role in reporting data regarding city attorney sponsored
unlawful detainer actions and outcomes to the California Research
Bureau in assessing the effectiveness of this program.

SEC. 4.  

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.