AB 2819, as amended, 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
begin delete 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.end delete 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 begin delete 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.end delete
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.end delete
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.end delete
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 is
18amended to read:
(a) (1) The clerk shall allow access to limited civil
20case records filed under this chapter, including the court file, index,
21and register of actions, only as follows:
22(A) To a party to the action, including a party’s attorney.
23(B) To a person who provides the clerk with the names of at
24least one plaintiff and one defendant and the address of the
25premises, including the apartment or unit number, if any.
26(C) To a resident of the premises who provides the clerk with
27the name of one of the parties or the case number and shows proof
29(D) To a person by order of the court, which may be granted ex
30parte, on a showing of good cause.
31(E) To any other person if 60 days have elapsed since the
32complaint has been filed and, as of the 60th day, judgment against
33all defendants has been entered for the plaintiff based on any of
35(i) Default, upon written application of the plaintiff and proof
36of service of the summons, unless the default or default judgment
37has been set aside. If the default or default judgment is set aside
38more than 60 days after the complaint has been filed, this section
39shall apply as if the complaint has been filed on the date the default
40or default judgment is set aside.
P5 1(ii) Summary judgment.end delete
2(iii) Trial.end delete
3(iv) Stipulation by all the parties.end delete
12(F) In the case of a complaint involving residential property
13based on Section 1161a as indicated in the caption of the complaint,
14as required in subdivision (c) of Section 1166, to any other person,
15if 60 days have elapsed since the complaint was filed with the
16court, and, as of that date, judgment against all defendants has
17been entered for the plaintiff, after a trial.
18(2) Notwithstanding any other provision of this
section, if the
19parties stipulate, the court shall issue an order prohibiting the clerk
20from allowing access to any court records in an action filed under
21this chapter, pending further order of the court.
25(b) For purposes of this section, “good cause” includes,
26but is not limited
begin delete to, theend delete
27 gathering of newsworthy facts by a person described
28in Section 1070 of the Evidence Code.
begin delete Itend delete
32 is the intent of the Legislature that a simple procedure be
33established to request the ex parte order described in subparagraph
34(D) of paragraph (1) of subdivision (a).
35(c) Upon the filing of a case so restricted, the court clerk shall
36mail notice to each defendant named in the action. The notice shall
37be mailed to the address provided in the complaint. The notice
38shall contain a statement that an unlawful detainer complaint
39(eviction action) has been filed naming that party as a defendant,
40and that access to the court file will be delayed for 60 days except
P6 1to a party, an attorney for one of the parties, or any other person
2who (1) provides to the clerk the names of at least one plaintiff
3and one defendant in the action and provides to the clerk the
4address, including any applicable apartment, unit, or space number,
5of the subject premises, or (2) provides to the clerk the name of
6one of the parties in the action or the case number and can establish
7through proper identification that he or she lives at the subject
8premises. The notice shall also contain a statement that access to
9the court index, register of actions, or other records is not permitted
10until 60 days after the complaint is filed, except pursuant to an
11order upon a showing of good cause for access. The notice shall
12contain on its face the following information:
13(1) The name and telephone number of the county bar
15(2) The name and telephone number of any entity that requests
16inclusion on the notice and demonstrates to the satisfaction of the
17court that it has been certified by the State Bar of California as a
18lawyer referral service and maintains a panel of attorneys qualified
19in the practice of landlord-tenant law pursuant to the minimum
20standards for a lawyer referral service established by the State Bar
21of California and Section 6155 of the Business and Professions
23(3) The following statement:
25“The State Bar of California certifies lawyer referral services in
26California and publishes a list of certified lawyer referral services
27organized by county. To locate a lawyer referral service in your
28county, go to the State Bar’s Internet Web site at
29www.calbar.ca.gov or call 1-866-442-2529.”
31(4) The name and telephone number of an office or offices
32funded by the federal Legal Services Corporation or qualified legal
33services projects that receive funds distributed pursuant to Section
346216 of the Business and Professions Code that provide legal
35services to low-income persons in the county in which the action
36is filed. The notice shall state that these numbers may
37be called for legal advice regarding the case. The notice shall be
38issued between 24 and 48 hours of the filing of the complaint,
39excluding weekends and holidays. One copy of the notice shall be
40addressed to “all occupants” and mailed separately to the subject
P7 1premises. The notice shall not constitute service of the summons
3(d) Notwithstanding any other law, the court shall charge an
4additional fee of fifteen dollars ($15) for filing a first appearance
5by the plaintiff. This fee shall be added to the uniform filing fee
6for 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,
If 60 days elapse after the complaint is filed and no
16proof of service of the summons has been filed, the action shall
17be dismissed without prejudice.