Amended in Senate May 21, 2014

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 civil law, and declaring the urgency thereof, to take effect immediately.

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,begin delete in the Countyend deletebegin insert for real property situated in the Cityend insert 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 tobegin delete the Countyend deletebegin insert real property situated in the Cityend insert of Los Angeles, to also includebegin insert real property situated inend insert the County of Sacramentobegin insert and the City of Oaklandend insert. The bill would also, until January 1, 2019, require the County of Sacramentobegin insert and the City of Oaklandend insert 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.begin insert By establishing new reporting requirements for local officials, this bill would impose a state-mandated local program.end insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramentobegin insert and the City of Oaklandend insert.

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.

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

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

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

P2    1

SECTION 1.  

Section 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
P3    1the Code of Civil Procedure, except that in cases filed under this
2 section, the following also shall apply:

3(1) (A) Prior to filing an action pursuant to this section, the city
4prosecutor or city attorney shall give 30 calendar days’ written
5notice to the owner, requiring the owner to file an action for the
6removal of the person who is in violation of the nuisance or illegal
7purpose provisions of subdivision 4 of Section 1161 of the Code
8of Civil Procedure with respect to a controlled substance purpose.

9(B) This notice shall include sufficient documentation
10establishing a violation of the nuisance or illegal purpose provisions
11of subdivision 4 of Section 1161 of the Code of Civil Procedure
12and an advisement to the owner of the assignment provision
13contained in subparagraph (D). The notice shall be served upon
14the owner and the tenant in accordance with subdivision (e).

15(C) The notice to the tenant shall, in at least 14-point bold type,
16meet the following requirements:

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

18

19“(Date)

20

21(Name of tenant)

22(Address of tenant)

23

24Re: Civil Code Section 3486

25

26Dear (name of tenant):

27

28This letter is to inform you that an eviction action may soon be
29filed in court against you for suspected drug activity. According
30to state law, Civil Code Section 3486 provides for eviction of
31persons engaging in such conduct, as described below.

32

33(Name of police department) records indicate that you, (name
34of arrestee), were arrested on (date) for violations of (list violations)
35on (address of property).

36

37A letter has been sent to the property owner(s) advising of your
38arrest and the requirements of state law, as well as the landlord’s
39option to assign the unlawful detainer action to the (name of city
40attorney or prosecutor’s office).

P4    1

2A list of legal assistance providers is provided below. Please
3note, this list is not exclusive and is provided for your information
4only; the (name of city attorney or prosecutor’s office) does not
5endorse or recommend any of the listed agencies.

6

7Sincerely,

8

9(Name of deputy city attorney or city prosecutor)

10Deputy City (Attorney or Prosecutor)

11

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.

24A list of legal assistance providers is attached to this notice.
25Some provide free legal assistance if you are eligible.”

26

27(ii) The notice shall be provided to the tenant in English and,
28as translated, in all of the languages identified in subdivision (a)
29of Section 1632 of the Civil Code.

30(D) The owner shall, within 30 calendar days of the mailing of
31the written notice, either provide the city prosecutor or city attorney
32with all relevant information pertaining to the unlawful detainer
33case, or provide a written explanation setting forth any
34safety-related reasons for noncompliance, and an assignment to
35the city prosecutor or city attorney of the right to bring an unlawful
36detainer action against the tenant.

37(E) The assignment shall be on a form provided by the city
38prosecutor or city attorney and may contain a provision for costs
39of investigation, discovery, and reasonable attorney’s fees, in an
40amount not to exceed six hundred dollars ($600).begin insert An owner shall
P5    1only be required to pay the costs or fees upon acceptance of the
2assignment for unlawful detainer by the city prosecutor or city
3attorney.end insert

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

10(2) Upon the failure of the owner to file an action pursuant to
11this section, or to respond to the city prosecutor or city attorney
12as provided in paragraph (1), or having filed an action, if the owner
13fails to prosecute it diligently and in good faith, the city prosecutor
14or city attorney may file and prosecute the action, and join the
15owner as a defendant in the action. This action shall have
16precedence over any similar proceeding thereafter brought by the
17owner, or to one previously brought by the owner and not
18prosecuted diligently and in good faith. Service of the summons
19and complaint upon the defendant owner shall be in accordance
20with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the
21Code of Civil Procedure.

22(3) If a jury or court finds the defendant tenant guilty of unlawful
23detainer in a case filed pursuant to paragraph (2), the city
24prosecutor or city attorney may be awarded costs, including the
25costs of investigation and discovery and reasonable attorney’s fees.
26These costs shall be assessed against the defendant owner, to whom
27notice was directed pursuant to paragraph (1), and once an abstract
28of judgment is recorded, it shall constitute a lien on the subject
29real property.

30(4) Nothing in this section shall prevent a local governing body
31from adopting and enforcing laws, consistent with this article,
32relating to drug abatement. Where local laws duplicate or
33supplement this section, this section shall be construed as providing
34alternative remedies and not preempting the field.

35(5) Nothing in this section shall prevent a tenant from receiving
36relief against a forfeiture of a lease pursuant to Section 1179 of
37the Code of Civil Procedure.

38(b) In any proceeding brought under this section, the court may,
39upon a showing of good cause, issue a partial eviction ordering
40the removal of any person, including, but not limited to, members
P6    1of the tenant’s household if the court finds that the person has
2engaged in the activities described in subdivision (a). Persons
3removed pursuant to this section may be permanently barred from
4returning to or reentering any portion of the entire premises. The
5court may further order as an express condition of the tenancy that
6the remaining tenants shall not give permission to or invite any
7person who has been removed pursuant to this subdivision to return
8to or reenter any portion of the entire premises.

9(c) For the purposes of this section, “controlled substance
10purpose” means the manufacture, cultivation, importation into the
11state, transportation, possession, possession for sale, sale,
12furnishing, administering, or giving away, or providing a place to
13use or fortification of a place involving, cocaine, phencyclidine,
14heroin, methamphetamine, or any other controlled substance, in a
15violation of subdivision (a) of Section 11350, Section 11351,
1611351.5, 11352, or 11359, subdivision (a) of Section 11360, or
17Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
1811379.6, or 11383 of the Health and Safety 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 Los Angeles
37to any court having jurisdiction over unlawful detainer cases
38involving real property situated in the City of Los Angeles.

begin delete

39(g) (1) Notwithstanding subdivision (f), this section shall apply
40in the County of Sacramento to any court having jurisdiction over
P7    1unlawful detainer cases involving real property situated in the
2County of Sacramento.

end delete
begin delete

35 3(2) This subdivision shall remain in effect only until January 1,
42019, and as of that date is repealed, unless a later enacted statute,
5that is enacted before January 1, 2019, deletes or extends that date.

end delete
6

SEC. 2.  

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

7

3486.5.  

(a) begin insertNotwithstanding subdivision (f) of Section 3486, end insert
8Section 3486 shall apply in the County of Sacramento, in any court
9with jurisdiction over unlawful detainer cases involving real
10property situated in the City of Sacramentobegin insert and in the County of
11Alameda in any court having jurisdiction over unlawful detainer
12cases involving real property situated in the City of Oaklandend insert
.

13(b) (1) In a template provided by the California Research
14Bureau, the city attorney and city prosecutor of the County of
15Sacramentobegin insert and the city attorney and city prosecutor of the City
16of Oaklandend insert
shall provide to the California Research Bureau the
17following information pertaining to cases filed pursuant to Section
183486:

19(A) The number of notices provided pursuant to paragraph (1)
20of subdivision (a) of Section 3486.

21(B) For each notice provided pursuant to paragraph (1) of
22subdivision (a) of Section 3486, the following information:

23(i) The name and age, as provided by the landlord, of each
24person residing at the noticed address.

25(ii) Whether the person has previously received a notice pursuant
26to this section from the reporting city attorney or city prosecutor,
27and if so, whether the tenant vacated or was evicted as a result.

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

29(C) Whether the tenant has previously been arrested (other than
30an arrest that is the basis of this notice) for any of the offenses
31specified in subdivision (c) of Section 3486.

32(D) Whether, upon notice, the case was filed by the owner, and
33if so, the filing date and case number.

34(E) Whether the assignment was executed by the owner to the
35city attorney or prosecutor.

36(F) Whether 3-day, 30-day, or 60-day notices were issued by
37the city attorney or city prosecutor, and if so, the date each was
38issued.

39(G) Whether the case was filed by the city attorney or city
40prosecutor, and if so, the filing date and case number.

P8    1(H) Whether the owner is joined as a defendant pursuant to this
2section.

3(I) For the cases filed by an owner, the city attorney, or the city
4prosecutor, the following information:

5(i) If a judgment was entered, the date of the judgment, whether
6the judgment ordered an eviction or partial eviction, and whether
7the judgment was a default judgment, stipulated judgment, or
8judgment following trial.

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

10(iii) Whether there was another disposition, and the type of
11disposition.

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

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

14(vi) Whether an appeal was taken, and, if so, the result of the
15appeal and the date of the result.

16(vii) Whether a partial eviction was requested, and whether the
17court ordered a partial eviction.

18(J) For cases in which a notice was provided pursuant to
19subdivision (a) of Section 3486, but no case was filed, the
20following information:

21(i) Whether a tenant voluntarily vacated subsequent to receiving
22the notice, and if so, the date vacated.

23(ii) Whether a tenant vacated a unit prior to the providing of the
24notice, and if so, the date vacated.

25(iii) Whether the notice provided pursuant to subdivision (a) of
26Section 3486 was erroneously sent to the tenant. This shall include
27a list of the reasons, if known, for the erroneously sent notice, such
28as reliance on information on the suspected violator’s name or
29address that was incorrect, a clerical error, or other reason.

30(iv) Whether there was another resolution and the type of
31resolution.

32(K) The street address, city, and ZIP Code of residence where
33the tenants relocated, to the extent known.

34(2) (A)   Information compiled pursuant to this section shall be
35reported annually to the California Research Bureau on or before
36January 20.

37(B) The California Research Bureau shall thereafter submit a
38brief report to the Senate and Assembly Committees on Judiciary
39once on or before March 20, 2016, and once on or before March
4020, 2018, summarizing the information collected pursuant to this
P9    1section and evaluating the merits of the pilot programs established
2by this section. The report for this section shall be submitted in
3compliance with Section 9795 of the Government Code and may
4be combined with the California Research Bureau report submitted
5for the pilot program established by Section 3485. The 2018 report
6shall indicate whether the City of Sacramentobegin delete hasend deletebegin insert and the City of
7Oakland haveend insert
regularly reported to the bureau.

8(3) Personally identifiable information submitted to the
9California Research Bureau pursuant to this section shall be
10confidential and shall not be publicly disclosed.

11(c) This section shall remain in effect only until January 1, 2019,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2019, deletes or extends that date.

14

SEC. 3.  

The Legislature finds and declares that a special law
15is necessary and that a general law cannot be made applicable
16within the meaning of Section 16 of Article IV of the California
17Constitution because the City of Sacramentobegin delete has aend deletebegin insert and the City of
18Oakland haveend insert
unique and historicbegin delete roleend deletebegin insert rolesend insert in reporting data
19regarding city attorney sponsored unlawful detainer actions and
20outcomes to the California Research Bureau in assessing the
21effectiveness of this program.

22

SEC. 4.  

If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.

27

SEC. 5.  

This act is an urgency statute necessary for the
28immediate preservation of the public peace, health, or safety within
29the meaning of Article IV of the Constitution and shall go into
30immediate effect. The facts constituting the necessity are:

31In order that the City of Sacramentobegin insert and the City of Oaklandend insert
32 have all the tools they need for the protection of public safety at
33the earliest time, it is necessary that the bill go into effect
34immediately.



O

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