AB 2819, as introduced, Chiu. Unlawful detainer proceedings.
Under existing law, a tenant of real property, for a term less than life, or the executor or administrator or his or her estate, is guilty of unlawful detainer when 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. Under existing law access to limited civil case records filed in an unlawful detainer action is restricted to (1) parties to the action, (2) certain people who provide the court clerk with specified information about the parties to the action, (3) any person by order of the court on a showing of good cause, and (4) any other person 60 days after the complaint has been filed, unless the defendant prevails in the action within 60 days after the filing of the complaint, in which case access is limited to the other parties allowed access, as described above.
This bill would instead provide that access to limited civil case records filed in an unlawful detainer action is restricted, for purposes of (4), as described above, to any other person if 60 days have elapsed since the complaint was filed and judgment against all defendants has been entered for the plaintiff based on certain occurrences, as specified. The bill would provide that if a default or default judgment is set aside more than 60 days after the complaint was filed, the court file access restrictions, as described above, shall apply as if the complaint had been filed on the date the default or the default judgment is set aside. The bill would authorize the parties to stipulate to, and would require the court to issue, an order prohibiting the clerk from allowing access to any court records in the action, pending a further order of the court.
Existing law requires a summons in a unlawful detainer proceeding to be issued, served, and returned in the same manner as a summons in a civil action except that when the defendant is served, the defendant’s response must be filed within 5 days, instead of 30 days.
This bill would require an unlawful detainer proceeding to be dismissed without prejudice if 60 days elapse after a complaint is filed and no proof of service of the summons has been filed.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1161.2 of the Code of Civil Procedure
2 is amended to read:
(a) begin insert(1)end insertbegin insert end insert The clerkbegin delete mayend deletebegin insert shallend insert allow access to limited
4civil case records filed under this chapter, including the court file,
5index, and register of actions, only as follows:
6(1)
end delete7begin insert(A)end insert To a party to the action, including a party’s attorney.
8(2)
end delete
9begin insert(B)end insert Tobegin delete anyend deletebegin insert aend insert person who provides the clerk with the names of
10at least one plaintiff and one defendant and the address of the
11premises, including the apartment or unit number, if any.
12(3)
end delete
13begin insert(C)end insert To a resident of the premises who provides the clerk with
14the name of one of the parties or the case number and shows proof
15of residency.
16(4)
end delete
17begin insert(D)end insert Tobegin delete anyend deletebegin insert aend insert person by order of the court, which may be granted
18ex parte, on a showing of good cause.
19(5) Except as provided in paragraph (6), to any other person 60
20days after the complaint has been filed, unless a defendant prevails
21in the action within 60 days of the filing of the complaint, in which
22case the clerk may not allow access to any court records in the
23action, except as provided in paragraphs (1) to (4), inclusive.
P3 1(E) To any other person if 60 days have elapsed since the
2complaint has been filed and, as of the 60th day, judgment against
3all defendants has been entered for the plaintiff based on any of
4the following:
5(i) Default, upon written application of the plaintiff and proof
6of service of the summons, unless the default or default judgment
7has been set aside. If the default or default judgment is set aside
8more than 60 days after the complaint has been filed, this section
9shall apply as if the complaint has been filed on the date the default
10or default judgment is set aside.
11(ii) Summary judgment.
end insertbegin insert12(iii) Trial.
end insertbegin insert13(iv) Stipulation by all the parties.
end insert14(6)
end delete
15begin insert(F)end insert In the case of a complaint involving residential property
16based on Section 1161a as indicated in the caption of the complaint,
17as required in subdivision (c) of Section 1166, to any other person,
18if 60 days have elapsed since the complaint was filed with the
19court, and, as of that date, judgment against all defendants has
20been entered for the plaintiff, after a trial.begin delete If judgment is not entered
21under the conditions described in this paragraph, the clerk shall
22not allow access to any court records in the action, except as
23provided in paragraphs (1) to (4), inclusive.end delete
24(2) Notwithstanding any other provision of this
section, if the
25parties stipulate, the court shall issue an order prohibiting the
26clerk from allowing access to any court records in an action filed
27under this chapter, pending further order of the court.
28(b) For purposes of this section, “good cause” includes, but is
29not limited to, the gathering of newsworthy facts by a person
30described in Section 1070 of the Evidence Code. It is the intent of
31the Legislature that a simple procedure be established to request
32the ex parte order described inbegin insert subparagraph (D) of paragraph
33(1) ofend insert subdivision (a).
34(c) Upon the filing ofbegin delete anyend deletebegin insert aend insert
case so restricted, the court clerk
35shall mail notice to each defendant named in the action. The notice
36shall be mailed to the address provided in the complaint. The notice
37shall contain a statement that an unlawful detainer complaint
38(eviction action) has been filed naming that party as a defendant,
39and that access to the court file will be delayed for 60 days except
40to a party, an attorney for one of the parties, or any other person
P4 1who (1) provides to the clerk the names of at least one plaintiff
2and one defendant in the action and provides to the clerk the
3address, including any applicable apartment, unit, or space number,
4of the subject premises, or (2) provides to the clerk the name of
5one of the parties in the action or the case number and can establish
6through proper identification that he or she lives at the subject
7premises. The notice shall also contain a statement that access to
8the court index, register of actions, or other records is not permitted
9until 60 days after the complaint
is filed, except pursuant to an
10order upon a showing of good causebegin delete therefor.end deletebegin insert for access.end insert The notice
11shall contain on its face the following information:
12(1) The name and telephone number of the county bar
13association.
14(2) The name and telephone number of any entity that requests
15inclusion on the notice and demonstrates to the satisfaction of the
16court that it has been certified by the State Barbegin insert of Californiaend insert as a
17lawyer referral service and maintains a panel of attorneys qualified
18in the practice of landlord-tenant law pursuant to the minimum
19standards for a lawyer referral service
established by the State Bar
20begin insert of Californiaend insert and Section 6155 of the Business and Professions
21Code.
22(3) The following statement:
24“The State Bar of California certifies lawyer referral services in
25California and publishes a list of certified lawyer referral services
26organized by county. To locate a lawyer referral service in your
27county, go to the State Bar’sbegin delete websiteend deletebegin insert Internet Web siteend insert at
28www.calbar.ca.gov or call 1-866-442-2529.”
30(4) The name and telephone number
of an office or offices
31funded by the federal Legal Services Corporation or qualified legal
32services projects that receive funds distributed pursuant to Section
336216 of the Business and Professions Code that provide legal
34services to low-income persons in the county in which the action
35is filed. The notice shall state that these numbers may be called
36for legal advice regarding the case. The notice shall be issued
37between 24 and 48 hours of the filing of the complaint, excluding
38weekends and holidays. One copy of the notice shall be addressed
39to “all occupants” and mailed separately to the subject premises.
P5 1The notice shall not constitute service of the summons and
2complaint.
3(d) Notwithstanding any otherbegin delete provision ofend delete law, the court shall
4charge an additional fee of fifteen dollars ($15) for filing a first
5appearance by the plaintiff. This fee shall be added to
the uniform
6filing fee for actions filed under this chapter.
7(e) This section does not apply to a case that seeks to terminate
8a mobilehome park tenancy if the statement of the character of the
9proceeding in the caption of the complaint clearly indicates that
10the complaint seeks termination of a mobilehome park tenancy.
Section 1167.1 is added to the Code of Civil Procedure,
12to read:
If 60 days elapse after the complaint is filed and no
14proof of service of the summons has been filed, the action shall
15be dismissed without prejudice.
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