Amended in Assembly April 10, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2485


Introduced by Assembly Members Dickinson and Ridley-Thomas

February 21, 2014


An act to amend Section 3486 of, and to add and repeal Section 3486.5 of the Civil Code, relating to civilbegin delete lawend deletebegin insert law,end insertbegin insert and declaring the urgency thereof, to end insertbegin inserttake effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2485, as amended, Dickinson. Unlawful detainer: nuisance: controlled substances.

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.

This bill would, until January 1, 2019, 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.

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.

begin insert

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

end insert

Vote: begin deletemajority end deletebegin insert23end insert. 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 3486 of the Civil Code is amended to
2read:

3

3486.  

(a) To abate the nuisance caused by illegal conduct
4involving a controlled substance purpose on real property, the city
5prosecutor or city attorney may file, in the name of the people, an
6action for unlawful detainer against any person who is in violation
7of the nuisance or illegal purpose provisions of subdivision 4 of
8Section 1161 of the Code of Civil Procedure, with respect to that
9controlled substance purpose. In filing this action, which shall be
10based upon an arrest report or other report by a law enforcement
11agency, reporting an offense committed on the property and
12documented by the observations of a police officer, the city
13prosecutor or city attorney shall use the procedures set forth in
14Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of
15the Code of Civil Procedure, except that in cases filed under this
16 section, the following also shall apply:

17(1) (A) Prior to filing an action pursuant to this section, the city
18prosecutor or city attorney shall give 30 calendar days’ written
19notice to the owner, requiring the owner to file an action for the
20removal of the person who is in violation of the nuisance or illegal
P3    1purpose provisions of subdivision 4 of Section 1161 of the Code
2of Civil Procedure with respect to a controlled substance purpose.

3(B) This notice shall include sufficient documentation
4establishing a violation of the nuisance or illegal purpose provisions
5of subdivision 4 of Section 1161 of the Code of Civil Procedure
6and an advisement to the owner of the assignment provision
7contained in subparagraph (D). The notice shall be served upon
8the owner and the tenant in accordance with subdivision (e).

9(C) The notice to the tenant shall, in at least 14-point bold type,
10meet the following requirements:

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

12

13“(Date)

14

15(Name of tenant)

16(Address of tenant)

17

18Re: Civil Code Section 3486

19

20Dear (name of tenant):

21

22This letter is to inform you that an eviction action may soon be
23filed in court against you for suspected drug activity. According
24to state law, Civil Code Section 3486 provides for eviction of
25persons engaging in such conduct, as described below.

26

27(Name of police department) records indicate that you, (name
28of arrestee), were arrested on (date) for violations of (list violations)
29on (address of property).

30

31A letter has been sent to the property owner(s) advising of your
32arrest and the requirements of state law, as well as the landlord’s
33option to assign the unlawful detainer action to the (name of city
34attorney or prosecutor’s office).

35

36A list of legal assistance providers is provided below. Please
37note, this list is not exclusive and is provided for your information
38only; the (name of city attorney or prosecutor’s office) does not
39endorse or recommend any of the listed agencies.

40

P4    1Sincerely,

2

3(Name of deputy city attorney or city prosecutor)

4Deputy City (Attorney or Prosecutor)

5

6Notice to Tenant: This notice is not a notice of eviction. You
7should call (name of the city attorney or prosecutor pursuing the
8action) at (telephone number) or a legal assistance provider to stop
9the eviction action if any of the following is applicable:

10(1) You are not the person named in this notice.

11(2) The person named in the notice does not live with you.

12(3) The person named in the notice has permanently moved.

13(4) You do not know the person named in the notice.

14(5) You want to request that only the person involved in the
15nuisance be evicted, allowing the other residents to stay.

16(6) You have any other legal defense or legal reason to stop the
17eviction action.

18A list of legal assistance providers is attached to this notice.
19Some provide free legal assistance if you are eligible.”

20

21(ii) The notice shall be provided to the tenant in English and,
22as translated, in all of the languages identified in subdivision (a)
23of Section 1632 of the Civil Code.

24(D) The owner shall, within 30 calendar days of the mailing of
25the written notice, either provide the city prosecutor or city attorney
26with all relevant information pertaining to the unlawful detainer
27case, or provide a written explanation setting forth any
28safety-related reasons for noncompliance, and an assignment to
29the city prosecutor or city attorney of the right to bring an unlawful
30detainer action against the tenant.

31(E) The assignment shall be on a form provided by the city
32prosecutor or city attorney and may contain a provision for costs
33of investigation, discovery, and reasonable attorney’s fees, in an
34amount not to exceed six hundred dollars ($600).

35(F) If the city prosecutor or city attorney accepts the assignment
36of the right of the owner to bring the unlawful detainer action, the
37owner shall retain all other rights and duties, including the handling
38of the tenant’s personal property, following issuance of the writ
39of possession and its delivery to and execution by the appropriate
40agency.

P5    1(2) Upon the failure of the owner to file an action pursuant to
2this section, or to respond to the city prosecutor or city attorney
3as provided in paragraph (1), or having filed an action, if the owner
4fails to prosecute it diligently and in good faith, the city prosecutor
5or city attorney may file and prosecute the action, and join the
6owner as a defendant in the action. This action shall have
7precedence over any similar proceeding thereafter brought by the
8owner, or to one previously brought by the owner and not
9prosecuted diligently and in good faith. Service of the summons
10and complaint upon the defendant owner shall be in accordance
11with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the
12Code of Civil Procedure.

13(3) If a jury or court finds the defendant tenant guilty of unlawful
14detainer in a case filed pursuant to paragraph (2), the city
15prosecutor or city attorney may be awarded costs, including the
16costs of investigation and discovery and reasonable attorney’s fees.
17These costs shall be assessed against the defendant owner, to whom
18notice was directed pursuant to paragraph (1), and once an abstract
19of judgment is recorded, it shall constitute a lien on the subject
20real property.

21(4) Nothing in this section shall prevent a local governing body
22from adopting and enforcing laws, consistent with this article,
23relating to drug abatement. Where local laws duplicate or
24supplement this section, this section shall be construed as providing
25alternative remedies and not preempting the field.

26(5) Nothing in this section shall prevent a tenant from receiving
27relief against a forfeiture of a lease pursuant to Section 1179 of
28the Code of Civil Procedure.

29(b) In any proceeding brought under this section, the court may,
30upon a showing of good cause, issue a partial eviction ordering
31the removal of any person, including, but not limited to, members
32of the tenant’s household if the court finds that the person has
33engaged in the activities described in subdivision (a). Persons
34removed pursuant to this section may be permanently barred from
35returning to or reentering any portion of the entire premises. The
36court may further order as an express condition of the tenancy that
37the remaining tenants shall not give permission to or invite any
38person who has been removed pursuant to this subdivision to return
39to or reenter any portion of the entire premises.

P6    1(c) For the purposes of this section, “controlled substance
2purpose” means the manufacture, cultivation, importation into the
3state, transportation, possession, possession for sale, sale,
4furnishing, administering, or giving away, or providing a place to
5use or fortification of a place involving, cocaine, phencyclidine,
6heroin, methamphetamine, or any other controlled substance, in a
7violation of subdivision (a) of Section 11350, Section 11351,
811351.5, 11352, or 11359, subdivision (a) of Section 11360, or
9Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
1011379.6, or 11383 of the Health and Safety Code.

11(d) Notwithstanding subdivision (b) of Section 68097.2 of the
12Government Code, a public entity may waive all or part of the
13costs incurred in furnishing the testimony of a peace officer in an
14unlawful detainer action brought pursuant to this section.

15(e) The notice and documentation described in paragraph (1)
16of subdivision (a) shall be given in writing and may be given either
17by personal delivery or by deposit in the United States mail in a
18sealed envelope, postage prepaid, addressed to the owner at the
19address known to the public entity giving the notice, or as shown
20on the last equalized assessment roll, if not known. Separate notice
21of not less than 30 calendar days and documentation shall be
22provided to the tenant in accordance with this subdivision. Service
23by mail shall be deemed to be completed at the time of deposit in
24the United States mail. Proof of giving the notice may be made by
25a declaration signed under penalty of perjury by any employee of
26the public entity which shows service in conformity with this
27section.

28(f) This section shall apply only in the County of Los Angeles
29to any court having jurisdiction over unlawful detainer cases
30involving real property situated in the City of Los Angeles.

31(g) (1) Notwithstanding subdivision (f), this section shall apply
32in the County of Sacramento to any court having jurisdiction over
33unlawful detainer cases involving real property situated in the
34County of Sacramento.

35(2) This subdivision shall remain in effect only until January 1,
362019, and as of that date is repealed, unless a later enacted statute,
37that is enacted before January 1, 2019, deletes or extends that date.

38

SEC. 2.  

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

P7    1

3486.5.  

(a) Section 3486 shall apply in the County of
2Sacramento, in any court with jurisdiction over unlawful detainer
3cases involving real property situated in the City of Sacramento.

4(b) (1) In a template provided by the California Research
5Bureau, the city attorney and city prosecutor of the County of
6Sacramento shall provide to the California Research Bureau the
7following information pertaining to cases filed pursuant to Section
83486:

9(A) The number of notices provided pursuant to paragraph (1)
10of subdivision (a) of Section 3486.

11(B) For each notice provided pursuant to paragraph (1) of
12subdivision (a) of Section 3486, the following information:

13(i) The name and age, as provided by the landlord, of each
14person residing at the noticed address.

15(ii) Whether the person has previously received a notice pursuant
16to this section from the reporting city attorney or city prosecutor,
17and if so, whether the tenant vacated or was evicted as a result.

18(iii) The date the initial notice was issued.

19(C) Whether the tenant has previously been arrested (other than
20an arrest that is the basis of this notice) for any of the offenses
21specified in subdivision (c) of Section 3486.

22(D) Whether, upon notice, the case was filed by the owner, and
23if so, the filing date and case number.

24(E) Whether the assignment was executed by the owner to the
25city attorney or prosecutor.

26(F) Whether 3-day, 30-day, or 60-day notices were issued by
27the city attorney or city prosecutor, and if so, the date each was
28issued.

29(G) Whether the case was filed by the city attorney or city
30prosecutor, and if so, the filing date and case number.

31(H) Whether the owner is joined as a defendant pursuant to this
32section.

33(I) For the cases filed by an owner, the city attorney, or the city
34prosecutor, the following information:

35(i) If a judgment was entered, the date of the judgment, whether
36the judgment ordered an eviction or partial eviction, and whether
37the judgment was a default judgment, stipulated judgment, or
38judgment following trial.

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

P8    1(iii) Whether there was another disposition, and the type of
2disposition.

3(iv) Whether the defendant was represented by counsel.

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

5(vi) Whether an appeal was taken, and, if so, the result of the
6appeal and the date of the result.

7(vii) Whether a partial eviction was requested, and whether the
8court ordered a partial eviction.

9(J) For cases in which a notice was provided pursuant to
10subdivision (a) of Section 3486, but no case was filed, the
11following information:

12(i) Whether a tenant voluntarily vacated subsequent to receiving
13the notice, and if so, the date vacated.

14(ii) Whether a tenant vacated a unit prior to the providing of the
15notice, and if so, the date vacated.

16(iii) Whether the notice provided pursuant to subdivision (a) of
17Section 3486 was erroneously sent to the tenant. This shall include
18a list of the reasons, if known, for the erroneously sent notice, such
19as reliance on information on the suspected violator’s name or
20address that was incorrect, a clerical error, or other reason.

21(iv) Whether there was another resolution and the type of
22resolution.

23(K) The street address, city, and ZIP Code of residence where
24the tenants relocated, to the extent known.

25(2) (A)   Information compiled pursuant to this section shall be
26reported annually to the California Research Bureau on or before
27January 20.

28(B) The California Research Bureau shall thereafter submit a
29brief report to the Senate and Assembly Committees on Judiciary
30once on or before March 20, 2016, and once on or before March
3120, 2018, summarizing the information collected pursuant to this
32section and evaluating the merits of the pilot programs established
33by this section. The report for this section shall be submitted in
34compliance with Section 9795 of the Government Code and may
35be combined with the California Research Bureau report submitted
36for the pilot program established by Section 3485. The 2018 report
37shall indicate whether the City of Sacramento has regularly
38reported to the bureau.

P9    1(3) Personally identifiable information submitted to the
2California Research Bureau pursuant to this section shall be
3confidential and shall not be publicly disclosed.

4(c) This section shall remain in effect only until January 1, 2019,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2019, deletes or extends that date.

7

SEC. 3.  

The Legislature finds and declares that a special law
8is necessary and that a general law cannot be made applicable
9within the meaning of Section 16 of Article IV of the California
10Constitution because the City of Sacramento has a unique and
11historic role in reporting data regarding city attorney sponsored
12unlawful detainer actions and outcomes to the California Research
13Bureau in assessing the effectiveness of this program.

14

SEC. 4.  

If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.

19begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
20immediate preservation of the public peace, health, or safety within
21the meaning of Article IV of the Constitution and shall go into
22immediate effect. The facts constituting the necessity are:

end insert
begin insert

23In order that the City of Sacramento have all the tools they need
24for the protection of public safety at the earliest time, it is necessary
25that the bill go into effect immediately.

end insert


O

    97