Amended in Senate June 23, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1522


Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Alejo, Chau, Chiu, Cristina Garcia, Holden, and O'Donnell)

March 10, 2015


An act to amend Sectionsbegin delete 3485 and 3486.5 of the Civil Code, relating to real property.end deletebegin insert end insertbegin insert8030.2, 8030.4, 8030.5, 8030.6, and 8030.8 of the Business and Professions Code, relating to shorthand reporters, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1522, as amended, Committee on Judiciary. begin deleteUnlawful detainer: nuisance. end deletebegin insertTranscript Reimbursement Fund: renewal.end insert

begin insert

Existing law provides for the licensure and regulation of shorthand reporters by the Court Reporters Board of California within the Department of Consumer Affairs. Existing law requires, until January 1, 2017, certain fees and revenues collected by the board from licensees to be deposited into the Transcript Reimbursement Fund to be available to provide reimbursement for the cost of providing shorthand reporting services to low-income litigants in civil cases. Existing law authorizes, until January 1, 2017, low-income persons appearing pro se to apply for funds from the Transcript Reimbursement Fund, subject to specified requirements and limitations. Existing law requires the board, until January 1, 2017, to publicize the availability of the fund to prospective applicants. Existing law requires the unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2017, to be transferred to the Court Reporters’ Fund.

end insert
begin insert

This bill would extend the operation of these provisions until January 1, 2021. By extending the operation of the Transcript Reimbursement Fund, which is a continuously appropriated fund, the bill would make an appropriation.

end insert
begin insert

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

end insert
begin delete

Existing law establishes the criteria for determining when a tenant is guilty of unlawful detainer, including, but not limited to, 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.

end delete
begin delete

Existing law authorizes, for real property situated in prescribed localities, 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.

end delete
begin delete

Existing law requires the city attorney or city prosecutor to provide prescribed information pertaining to action taken pursuant to these provisions to the California Research Bureau, and requires the bureau to 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 these provisions.

end delete
begin delete

This bill would, instead, require that the bureau report once on or before April 20, 2016, and once on or before April 20, 2018.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8030.2 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

8030.2.  

(a) To provide shorthand reporting services to
4low-income litigants in civil cases, who are unable to otherwise
5afford those services, funds generated by fees received by the board
6pursuant to subdivision (c) of Section 8031 in excess of funds
7needed to support the board’s operating budget for the fiscal year
8in which a transfer described below is made shall be used by the
P3    1board for the purpose of establishing and maintaining a Transcript
2Reimbursement Fund. The Transcript Reimbursement Fund shall
3be established by a transfer of funds from the Court Reporters’
4Fund in the amount of three hundred thousand dollars ($300,000)
5at the beginning of each fiscal year. Notwithstanding any other
6provision of this article, a transfer to the Transcript Reimbursement
7Fund in excess of the fund balance established at the beginning of
8each fiscal year shall not be made by the board if the transfer will
9result in the reduction of the balance of the Court Reporters’ Fund
10to an amount less than six months’ operating budget.

11(b) All moneys held in the Court Reporters’ Fund on the
12effective date of this section in excess of the board’s operating
13budget for the 1996-97 fiscal year shall be used as provided in
14subdivision (a).

15(c) Refunds and unexpended funds that are anticipated to remain
16in the Transcript Reimbursement Fund at the end of the fiscal year
17shall be considered by the board in establishing the fee assessment
18pursuant to Section 8031 so that the assessment shall maintain the
19level of funding for the Transcript Reimbursement Fund, as
20specified in subdivision (a), in the following fiscal year.

21(d) The Transcript Reimbursement Fund is hereby created in
22the State Treasury. Notwithstanding Section 13340 of the
23Government Code, moneys in the Transcript Reimbursement Fund
24are continuously appropriated for the purposes of this chapter.

25(e) (1) Applicants, including applicants pursuant to Section
268030.5, who have been reimbursed pursuant to this chapter for
27services provided to litigants and who are awarded court costs or
28attorney’s fees by judgment or by settlement agreement shall refund
29the full amount of that reimbursement to the fund within 90 days
30of receipt of the award or settlement.

31(2) An applicant pursuant to Section 8030.5 who has been
32reimbursed for services provided to litigants under this chapter
33shall refund the full amount reimbursed if a court orders the
34applicant’s fee waiver withdrawn or denied retroactively pursuant
35to Section 68636 of the Government Code, within 90 days of the
36court’s order withdrawing or denying the fee waiver.

37(f) Subject to the limitations of this chapter, the board shall
38maintain the fund at a level that is sufficient to pay all qualified
39claims. To accomplish this objective, the board shall utilize all
P4    1refunds, unexpended funds, fees, and any other moneys received
2by the board.

3(g) Notwithstanding Section 16346 of the Government Code,
4all unencumbered funds remaining in the Transcript
5Reimbursement Fund as of January 1, 2017, shall be transferred
6to the Court Reporters’ Fund.

7(h) This section shall remain in effect only until January 1,begin delete 2017,end delete
8begin insert 2021,end insert and as of that date is repealed, unless a later enacted statute,
9that is enacted before January 1,begin delete 2017,end deletebegin insert 2021,end insert deletes or extends
10that date.

11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8030.4 of the end insertbegin insertBusiness and Professions Codeend insert
12
begin insert is amended to read:end insert

13

8030.4.  

As used in this chapter:

14(a) “Applicant” means a qualified legal services project,
15qualified support center, other qualified project, or pro bono
16attorney applying to receive funds from the Transcript
17Reimbursement Fund established by this chapter. The term
18“applicant” shall not include a person appearing pro se to represent
19himself or herself at any stage of a case.

20(b) “Case” means a single legal proceeding from its inception,
21through all levels of hearing, trial, and appeal, until its ultimate
22conclusion and disposition.

23(c) “Certified shorthand reporter” means a shorthand reporter
24certified pursuant to Article 3 (commencing with Section 8020)
25performing shorthand reporting services pursuant to Section 8017.

26(d) “Developmentally Disabled Assistance Act” means the
27Developmentally Disabled Assistance and Bill of Rights Act of
281975 (Public Law 94-103), as amended.

29(e) “Fee-generating case” means any case or matter that, if
30undertaken on behalf of an eligible client by an attorney in private
31practice, reasonably may be expected to result in payment of a fee
32for legal services from an award to a client, from public funds, or
33from an opposing party. A reasonable expectation as to payment
34of a legal fee exists wherever a client enters into a contingent fee
35agreement with his or her lawyer. If there is no contingent fee
36agreement, a case is not considered fee generating if adequate
37representation is deemed to be unavailable because of the
38occurrence of any of the following circumstances:

39(1) If the applicant has determined that referral is not possible
40because of any of the following:

P5    1(A) The case has been rejected by the local lawyer referral
2service, or if there is no such service, by two private attorneys who
3have experience in the subject matter of the case.

4(B) Neither the referral service nor any lawyer will consider the
5case without payment of a consultation fee.

6(C) The case is of the type that private attorneys in the area
7ordinarily do not accept, or do not accept without prepayment of
8a fee.

9(D) Emergency circumstances compel immediate action before
10referral can be made, but the client is advised that, if appropriate
11and consistent with professional responsibility, referral will be
12attempted at a later time.

13(2) If recovery of damages is not the principal object of the case
14and a request for damages is merely ancillary to an action for
15equitable or other nonpecuniary relief or inclusion of a
16counterclaim requesting damages is necessary for effective defense
17or because of applicable rules governing joinder of counterclaims.

18(3) If a court appoints an applicant or an employee of an
19applicant pursuant to a statute or a court rule or practice of equal
20applicability to all attorneys in the jurisdiction.

21(4) In any case involving the rights of a claimant under a
22public-supported benefit program for which entitlement to benefit
23is based on need.

24(f) (1) “Indigent person” means any of the following:

25(A) A person whose income is 125 percent or less of the current
26poverty threshold established by the United States Office of
27Management and Budget.

28(B) A person who is eligible for supplemental security income.

29(C) A person who is eligible for, or receiving, free services
30under the federal Older Americans Act or the Developmentally
31Disabled Assistance Act.

32(D) A person whose income is 75 percent or less of the
33maximum level of income for lower income households as defined
34in Section 50079.5 of the Health and Safety Code, for purposes of
35a program that provides legal assistance by an attorney in private
36practice on a pro bono basis.

37(E) A person who qualifies for a waiver of fees pursuant to
38 Section 68632 of the Government Code.

P6    1(2) For the purposes of this subdivision, the income of a person
2who is disabled shall be determined after deducting the costs of
3medical and other disability-related special expenses.

4(g) “Lawyer referral service” means a lawyer referral program
5authorized by the State Bar of California pursuant to the rules of
6professional conduct.

7(h) “Legal Services Corporation” means the Legal Services
8Corporation established under the Legal Services Corporation Act
9of 1974 (Public Law 93-355), as amended.

10(i) “Older Americans Act” means the Older Americans Act of
111965 (Public Law 89-73), as amended.

12(j) “Other qualified project” means a nonprofit organization
13 formed for charitable or other public purposes, that does not receive
14funds from the Legal Services Corporation or pursuant to the
15federal Older Americans Act, and provides free legal services to
16indigent persons.

17(k) “Pro bono attorney” means any attorney, law firm, or legal
18corporation, licensed to practice law in this state, that undertakes,
19without charge to the party, the representation of an indigent
20person, referred by a qualified legal services project, qualified
21support center, or other qualified project, in a case not considered
22to be fee generating, as defined in this chapter.

23(l) “Qualified legal services project” means a nonprofit project,
24incorporated and operated exclusively in California, that provides
25as its primary purpose and function legal services without charge
26to indigent persons, has a board of directors or advisory board
27composed of both attorneys and consumers of legal services, and
28provides for community participation in legal services
29programming. A legal services project funded, either in whole or
30in part, by the Legal Services Corporation or with the federal Older
31Americans Act funds is presumed to be a qualified legal services
32project for the purposes of this chapter.

33(m) “Qualified support center” means an incorporated nonprofit
34legal services center that has an office or offices in California that
35provide legal services or technical assistance without charge to
36qualified legal services projects and their clients on a multicounty
37basis in California. A support center funded, either in whole or in
38part, by the Legal Services Corporation or with the federal Older
39Americans Act funds is presumed to be a qualified legal services
40project for the purposes of this chapter.

P7    1(n) “Rules of professional conduct” means those rules adopted
2by the State Bar of California pursuant to Sections 6076 and 6077.

3(o) “Supplemental security income recipient” means an
4individual receiving or eligible to receive payments under Title
5XVI of the Social Security Act (Public Law 92-603), as amended,
6or payment under Chapter 3 (commencing with Section 12000) of
7Part 3 of Division 9 of the Welfare and Institutions Code.

8(p) This section shall remain in effect only until January 1,begin delete 2017,end delete
9begin insert 2021,end insert and as of that date is repealed, unless a later enacted statute,
10that is enacted before January 1,begin delete 2017,end deletebegin insert 2021,end insert deletes or extends
11that date.

12begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 8030.5 of the end insertbegin insertBusiness and Professions Codeend insert
13
begin insert is amended to read:end insert

14

8030.5.  

(a) Notwithstanding subdivision (a) of Section 8030.4,
15as used in this chapter the term “applicant” also means an indigent
16person, as defined in subdivision (f) of Section 8030.4, appearing
17pro se to represent himself or herself at any stage of the case and
18applying to receive funds from the Transcript Reimbursement
19Fund established by this chapter.

20(b) Notwithstanding Section 8030.6, total disbursements to
21cover the cost of providing transcripts to all applicants pursuant
22to this section shall not exceed thirty thousand dollars ($30,000)
23annually and shall not exceed one thousand five hundred dollars
24($1,500) per case.

25(c) The board shall provide a report to the Senate and Assembly
26Committees on Judiciary by March 1, 2012, that includes a
27summary of the expenditures and claims relating to this article,
28including the initial fund balance as of January 1, 2011; all funds
29received, including the amount of, and reason for, any refunds
30pursuant to subdivision (e) of Section 8030.2; all claims received,
31including the type of case, court involved, service for which
32reimbursement was sought, amount paid, and amount denied, if
33any, and the reason for denial; and all administrative fees. This
34report shall be provided using existing resources.

35(d) The Legislature finds and declares that there are funds
36available for indigent pro se parties under this article only because
37the Transcript Reimbursement Fund has not been fully utilized in
38recent years by the eligible applicants for whom its use has been
39intended, despite the evident financial need among legal services
40organizations and pro bono attorneys. Accordingly, the board shall,
P8    1using existing resources, undertake further efforts to publicize the
2availability of the Transcript Reimbursement Fund to prospective
3applicants, as defined in subdivision (a) of Section 8030.4, through
4appropriate entities serving these applicants, including the State
5Bar of California, the California Commission on Access to Justice,
6and the Legal Aid Association of California. These efforts shall
7be described in the report required by subdivision (c).

8(e) This section shall remain in effect only until January 1,begin delete 2017,end delete
9begin insert 2021,end insert and as of that date is repealed, unless a later enacted statute
10that is enacted before January 1,begin delete 2017,end deletebegin insert 2021,end insert deletes or extends
11that date.

12begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8030.6 of the end insertbegin insertBusiness and Professions Codeend insert
13
begin insert is amended to read:end insert

14

8030.6.  

The board shall disburse funds from the Transcript
15Reimbursement Fund for the costs, exclusive of per diem charges
16by official reporters, of preparing either an original transcript and
17one copy thereof, or where appropriate, a copy of the transcript,
18of court or deposition proceedings, or both, incurred as a
19contractual obligation between the shorthand reporter and the
20applicant, for litigation conducted in California. If there is no
21deposition transcript, the board may reimburse the applicant or the
22certified shorthand reporter designated in the application for per
23diem costs. The rate of per diem for depositions shall not exceed
24seventy-five dollars ($75) for one-half day, or one hundred
25twenty-five dollars ($125) for a full day. If a transcript is ordered
26within one year of the date of the deposition, but subsequent to
27the per diem having been reimbursed by the Transcript
28Reimbursement Fund, the amount of the per diem shall be deducted
29from the regular customary charges for a transcript. Reimbursement
30may be obtained through the following procedures:

31(a) The applicant or certified shorthand reporter shall promptly
32submit to the board the certified shorthand reporter’s invoice for
33transcripts together with the appropriate documentation as is
34required by this chapter.

35(b) Except as provided in subdivision (c), the board shall
36promptly determine if the applicant or the certified shorthand
37reporter is entitled to reimbursement under this chapter and shall
38make payment as follows:

P9    1(1) Regular customary charges for preparation of original
2deposition transcripts and one copy thereof, or a copy of the
3transcripts.

4(2) Regular customary charges for expedited deposition
5transcripts up to a maximum of two thousand five hundred dollars
6($2,500) per case.

7(3) Regular customary charges for the preparation of original
8transcripts and one copy thereof, or a copy of transcripts of court
9proceedings.

10(4) Regular customary charges for expedited or daily charges
11for preparation of original transcripts and one copy thereof or a
12copy of transcripts of court proceedings.

13(5) The charges shall not include notary or handling fees. The
14charges may include actual shipping costs and exhibits, except
15that the cost of exhibits may not exceed thirty-five cents ($0.35)
16each or a total of thirty-five dollars ($35) per transcript.

17(c) The maximum amount reimbursable by the fund under
18subdivision (b) shall not exceed twenty thousand dollars ($20,000)
19per case per year.

20(d) If entitled, and funds are available, the board shall disburse
21the appropriate sum to the applicant or the certified shorthand
22reporter when the documentation described in Section 8030.8
23accompanies the application. A notice shall be sent to the recipient
24requiring the recipient to file a notice with the court in which the
25action is pending stating the sum of reimbursement paid pursuant
26to this section. The notice filed with the court shall also state that
27if the sum is subsequently included in any award of costs made in
28the action, that the sum is to be ordered refunded by the applicant
29to the Transcript Reimbursement Fund whenever the sum is
30actually recovered as costs. The court shall not consider whether
31payment has been made from the Transcript Reimbursement Fund
32in determining the appropriateness of any award of costs to the
33parties. The board shall also notify the applicant that the reimbursed
34sum has been paid to the certified shorthand reporter and shall
35notify the applicant of the duty to refund any of the sum actually
36recovered as costs in the action.

37(e) If not entitled, the board shall return a copy of the invoice
38to the applicant and the designated certified shorthand reporter
39together with a notice stating the grounds for denial.

P10   1(f) The board shall complete its actions under this section within
230 days of receipt of the invoice and all required documentation,
3including a completed application.

4(g) Applications for reimbursements from the fund shall be filed
5on a first-come-first-served basis.

6(h) Applications for reimbursement that cannot be paid from
7the fund due to insufficiency of the fund for that fiscal year shall
8be held over until the next fiscal year to be paid out of the renewed
9fund. Applications held over shall be given a priority standing in
10the next fiscal year.

11(i) This section shall remain in effect only until January 1,begin delete 2017,end delete
12begin insert 2021,end insert and as of that date is repealed, unless a later enacted statute,
13that is enacted before January 1,begin delete 2017,end deletebegin insert 2021,end insert deletes or extends
14that date.

15begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8030.8 of the end insertbegin insertBusiness and Professions Codeend insert
16
begin insert is amended to read:end insert

17

8030.8.  

(a) For purposes of this chapter, documentation
18accompanying an invoice is sufficient to establish entitlement for
19reimbursement from the Transcript Reimbursement Fund if it is
20filed with the executive officer on an application form prescribed
21by the board that is complete in all respects, and that establishes
22all of the following:

23(1) The case name and number and that the litigant or litigants
24requesting the reimbursement are indigent persons. If the applicant
25is an indigent person applying pursuant to Section 8030.5, the
26application shall be accompanied by a copy of the fee waiver form
27approved by the court in the matter for which the applicant seeks
28reimbursement.

29(2) The applicant is qualified under the provisions of this
30chapter.

31(3) The case is not a fee-generating case, as defined in Section
328030.4.

33(4) The invoice or other documentation shall evidence that the
34certified shorthand reporter to be reimbursed was, at the time the
35services were rendered, a duly licensed certified shorthand reporter.

36(5) The invoice shall be accompanied by a statement, signed by
37the applicant, stating that the charges are for transcripts actually
38provided as indicated on the invoice.

39(6) The applicant has acknowledged, in writing, that as a
40condition of entitlement for reimbursement that the applicant agrees
P11   1to refund the entire amount disbursed from the Transcript
2Reimbursement Fund from any costs or attorney’s fees awarded
3to the applicant by the court or provided for in any settlement
4agreement in the case.

5(7) The certified shorthand reporter’s invoice for transcripts
6shall include separate itemizations of charges claimed, as follows:

7(A) Total charges and rates for customary services in preparation
8of an original transcript and one copy or a copy of the transcript
9of depositions.

10(B) Total charges and rates for expedited deposition transcripts.

11(C) Total charges and rates in connection with transcription of
12court proceedings.

13(b) For an applicant claiming to be eligible pursuant to
14subdivision (j), (l), or (m) of Section 8030.4, a letter from the
15director of the project or center, certifying that the project or center
16meets the standards set forth in one of those subdivisions and that
17the litigant or litigants are indigent persons, is sufficient
18documentation to establish eligibility.

19(c) For an applicant claiming to be eligible pursuant to
20subdivision (k) of Section 8030.4, a letter certifying that the
21applicant meets the requirements of that subdivision, that the case
22is not a fee-generating case, as defined in subdivision (e) of Section
238030.4, and that the litigant or litigants are indigent persons,
24together with a letter from the director of a project or center defined
25in subdivision (j), (l), or (m) of Section 8030.4 certifying that the
26litigant or litigants had been referred by that project or center to
27the applicant, is sufficient documentation to establish eligibility.

28(d) The applicant may receive reimbursement directly from the
29board if the applicant has previously paid the certified shorthand
30reporter for transcripts as provided in Section 8030.6. To receive
31payment directly, the applicant shall submit, in addition to all other
32required documentation, an itemized statement signed by the
33certified shorthand reporter performing the services that describes
34payment for transcripts in accordance with the requirements of
35Section 8030.6.

36(e) The board may prescribe appropriate forms to be used by
37applicants and certified shorthand reporters to facilitate these
38requirements.

P12   1(f) This chapter does not restrict the contractual obligation or
2payment for services, including, but not limited to, billing the
3applicant directly, during the pendency of the claim.

4(g) This section shall remain in effect only until January 1,begin delete 2017,end delete
5begin insert 2021,end insert and as of that date is repealed, unless a later enacted statute,
6that is enacted before January 1,begin delete 2017,end deletebegin insert 2021,end insert deletes or extends
7that date.

8begin insert

begin insertSEC. 6.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:

end insert
begin insert

12
In order for the indigent to have continued access to court
13reporters, it is necessary that this act take effect immediately.

end insert

All matter omitted in this version of the bill appears in the bill as introduced in the Assembly, March 10, 2015. (JR11)



O

    98