Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2003

Introduced by Assembly Member Lackey

(Coauthors: Assembly Members Gallagher and Wagner)

February 16, 2016

An act to begin insert amend Section 1954 of the Civil Code, and to amend Section 392 of, and to end insert add Section 1168 begin delete to end delete begin insert to, end insert the Code of Civil Procedure, relating to unlawful detainer proceedings.

LEGISLATIVE COUNSEL’S DIGEST

AB 2003, as amended, Lackey. Unlawful detainer begin delete proceedings: answers. end delete begin insert proceedings. end insert

begin insert

Under existing law, a dwelling is deemed untenantable, as specified, if it substantially lacks certain affirmative standard characteristics including floors, stairways, and railings maintained in good repair. Existing law authorizes a landlord, after giving a tenant reasonable written notice, to enter a dwelling for certain purposes, including to make necessary or agreed repairs, decorations, alterations, or improvements.

end insert begin insert

This bill would also authorize a landlord to enter a dwelling to comply with the obligation that the dwelling have certain affirmative standard characteristics, as described above, necessary for the dwelling to be deemed tenantable.

end insert

Existing law provides begin insert that end insert a tenant of real begin delete property, end delete begin insert property end insert for a term less than life, or the executor of his or her estate, is guilty of unlawful detainer if, among other things, he or she continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the term for which it is let to him or her, except as specified. Existing law requires a complaint filed in an unlawful detainer proceeding to include certain information and requires a defendant to answer the complaint, as specified, within 5 days of being served with a summons and the complaint, unless the court orders otherwise for good cause shown.

This bill would require a defendant in an unlawful detainer begin delete action to indicate on the appropriate Judicial Council answer form if he or she has hired an attorney to represent him or her in the matter, and would require the defendant’s attorney to contact the plaintiff or the plaintiff’s attorney within certain timeframes. The bill would also require the defendant, end delete begin insert action, end insert if he or she asserts an affirmative defense of breach of the implied warranty of habitability, to indicate on the appropriate Judicial Council answer form if he or she has lodged a complaint begin insert or complaints end insert regarding the begin delete inhabitability end delete begin insert uninhabitability end insert of the begin delete premises, end delete begin insert premises before the filing of the action, end insert and would require the defendant to include begin delete specified information about that complaint. end delete begin insert information about who the complaint or complaints were lodged with. end insert The bill would require the Judicial Council, on or before July 1, 2017, to revise the appropriate answer form to include spaces to input the information, as described above.

begin insert

Existing law provides that the proper location for the trial of an unlawful detainer action is the location of the court in which unlawful detainer actions are tried that is nearest or most accessible to where the real property that is the subject of the action is situated.

end insert begin insert

This bill would prohibit a plaintiff or defendant in an unlawful detainer action from requesting a change in court location if the court location for trial of the action is the nearest to where the real property that is the subject of the action is situated. The bill would provide that this prohibition only applies if that court location has been designated as a proper court location for the trial and allows for a jury trial.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1954 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

1954.  

(a) A landlord may enter the dwelling unit only in the
following cases:

(1) In case of emergency.

(2) To make necessary or agreed repairs, decorations, alterations
or improvements, begin insert to end insert supply necessary or agreed services, begin delete or end delete begin insert to end insert
exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or begin delete contractors or end delete begin insert contractors, end insert to
make an inspection pursuant to subdivision (f) of Section begin delete 1950.5. end delete

begin insert 1950.5, or to comply with Section 1941.1. end insert

(3) When the tenant has abandoned or surrendered the premises.

(4) Pursuant to court order.

(b) Except in cases of emergency or when the tenant has
abandoned or surrendered the premises, entry begin delete may end delete begin insert shall end insert not be
made during other than normal business hours unless the tenant
consents to an entry during other than normal business hours at
the time of entry.

(c) The landlord begin delete may end delete begin insert shall end insert not abuse the right of access or use
it to harass the tenant.

(d) (1) Except as provided in subdivision (e), or as provided in
paragraph (2) or (3), the landlord shall give the tenant reasonable
notice in writing of his or her intent to enter and enter only during
normal business hours. The notice shall include the date,
approximate time, and purpose of the entry. The notice may be
personally delivered to the tenant, left with someone of a suitable
age and discretion at the premises, or, left on, near, or under the
usual entry door of the premises in a manner in which a reasonable
person would discover the notice. Twenty-four hours shall be
presumed to be reasonable notice in absence of evidence to the
contrary. The notice may be mailed to the tenant. Mailing of the
notice at least six days begin delete prior to end delete begin insert before end insert an intended entry is presumed
reasonable notice in the absence of evidence to the contrary.

(2) If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally,
in person or by telephone, if the landlord or his or her agent has
notified the tenant in writing within 120 days of the oral notice
that the property is for sale and that the landlord or agent may
contact the tenant orally for the purpose described above.
Twenty-four hours is presumed reasonable notice in the absence
of evidence to the contrary. The notice shall include the date,
approximate time, and purpose of the entry. At the time of entry,
the landlord or agent shall leave written evidence of the entry inside
the unit.

(3) The tenant and the landlord may agree orally to an entry to
make agreed repairs or supply agreed services. The agreement
shall include the date and approximate time of the entry, which
shall be within one week of the agreement. In this case, the landlord
is not required to provide the tenant a written notice.

(e) No notice of entry is required under this section:

(1) To respond to an emergency.

(2) If the tenant is present and consents to the entry at the time
of entry.

(3) After the tenant has abandoned or surrendered the unit.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 392 of the end insert begin insert Code of Civil Procedure end insert begin insert is amended
to read: end insert

392.  

(a) Subject to the power of the court to transfer actions
and proceedings as provided in this title, the superior court in the
county where the real property that is the subject of the action, or
some part thereof, is situated, is the proper court for the trial of
the following actions:

(1) For the recovery of real property, or of an estate or interest
begin delete therein, end delete begin insert in real property, end insert or for the determination in any form, of
that right or interest, and for injuries to real property.

(2) For the foreclosure of all liens and mortgages on real
property.

(b)  begin insert (1) end insert begin insert   end insert In the court designated as the proper court in subdivision
(a), the proper court location for trial of a proceeding for an
unlawful detainer, as begin delete defined end delete begin insert described end insert in Section 1161, is the
location where the court tries that type of proceeding that is nearest
or most accessible to where the real property that is the subject of
the action, or some part thereof, is situated. Otherwise any location
of the superior court designated as the proper court in subdivision
(a) is a proper court location for the trial. The court may specify
by local rule the nearest or most accessible court location where
the court tries that type of case.

begin insert

(2) A plaintiff or a defendant shall not request a change in court
location if the court location for trial of the proceeding for an
unlawful detainer, as described in Section 1161, is the court
location that is nearest to where the real property that is the subject
of the action, or some part thereof, is situated. This paragraph
only applies if that court location has been designated as a proper
court location for the trial and allows for a jury trial.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 3. end insert   

Section 1168 is added to the Code of Civil Procedure,
to read:

begin delete

1168.  

(a) The defendant shall indicate on the appropriate
Judicial Council answer form if he or she has hired an attorney to
represent him or her in the matter. If the defendant has hired an
attorney to represent him or her in the matter, the attorney shall
contact the plaintiff or his or her attorney within three days of the
tenant filing the answer or, if the attorney is hired after the answer
was filed, within 24 hours of being hired by the tenant.

(b) 

end delete

begin insert

begin insert 1168. end insert   

end insert

If the defendant asserts an affirmative defense of breach
of the implied warranty of habitability, the defendant shall indicate
on the appropriate Judicial Council answer form if he or she has
lodged a complaint begin insert or complaints end insert regarding the begin delete inhabitability end delete
begin insert uninhabitability end insert of the begin delete premises. end delete begin insert premises before the filing of the
action. end insert If the defendant has lodged a complaint begin insert or complaints end insert
regarding the begin delete inhabitability end delete begin insert uninhabitability end insert of the begin delete premises, end delete
begin insert premises before the filing of the action, end insert he or she shall include on
the appropriate Judicial Council answer form begin delete all of end delete the following
begin insert information end insert :

begin delete

(1) The nature of the complaint.

end delete begin delete

(2) If the complaint was made orally or in writing.

end delete begin delete

(3) The person or entity with whom the complaint was lodged,
if known.

end delete begin delete

(4) The approximate date the complaint was lodged.

end delete begin delete

(5) The action, if any, taken by the plaintiff in response to the
complaint.

end delete begin insert

(a) Whether the complaint or complaints were lodged with the
plaintiff or the plaintiff’s agent in charge of managing the premises.

end insert begin insert

(b) Whether the complaint or complaints were lodged with a
city or county department, and, if so, which city or county
department.

end insert

begin delete SEC. 2. end delete

begin insert SEC. 4. end insert   

On or before July 1, 2017, the Judicial Council shall
revise the “Answer-Unlawful Detainer” form to include spaces to
input the information required by Section begin delete 1 end delete begin insert 3 end insert of this act.