AB 2881, as amended, Committee on Judiciary. Civil law.
(1) Existing law requires the publication of notice in set boundaries known as judicial districts in different contexts, including in connection with lien sales and sales pursuant to a mortgage or deed of trust. Existing law provides for the preservation of judicial districts following the unification of municipal and superior courts.
This bill would repeal provisions regarding the preservation of judicial districts, described above, and would establish public notice districts as the place for the publication of notice. The bill would also make conforming revisions to statutes requiring publication of notice in former judicial districts.
(2) Existing law defines a hosting platform as a marketplace that is created to facilitate the rental of a residential unit for tourist or transient use for compensation and from which the operator of the hosting platform derives revenues, as specified. Existing law requires a hosting platform to provide a specific notice to occupants listing their rooms, homes, condominiums, or apartments for short-term rental.
This bill would require hosting platforms for short-term rentals to provide notice, as described above, to mobilehome occupants.
begin insert(3) Existing law provides that the report of the official reporter or official reporter pro tempore of any court, as specified, when transcribed and certified as being a correct transcript of the testimony and proceedings in a case, is prima facie evidence of that testimony and proceedings. Existing law, until January 1, 2017, prohibits the instant visual display of the testimony or proceedings, or both, from being certified or used, cited, distributed, or transcribed as the official certified transcript of the proceedings and from being cited or used to rebut or contradict the official certified transcript of the proceedings.
end insertbegin insertThis bill would extend the repeal date of the provision pertaining to the instant visual display of the testimony or proceedings until January 1, 2022.
end insertbegin insert(4) Existing law pertaining to public officers and employees classifies executive officers as either civil or military and lists the civil executive officers.
end insertbegin insertThis bill would add to that list persons serving on boards or commissions created under the laws of the state or established under the State Constitution.
end insert(3)
end deletebegin insert(5)end insert Existing law requires the Controller to establish and supervise a uniform accounting system, including a system of audits, to ensure the proper distribution and accounting of all fines, penalties, forfeitures, and fees assessed by courts.
This bill would require the Controller to establish and maintain trial court revenue distribution guidelines, including a program to audit the accuracy of distributions, to ensure that fines, penalties, forfeitures, and fees assessed by the court are collected and properly accounted for and disbursed. The bill would also make technical and conforming changes.
begin insert(6) Existing law regulates the administration of trusts and the estates of decedents and establishes the Uniform Principal and Income Act. Existing law generally requires that money received from an entity be allocated to income, except as otherwise provided. For the purposes of these provisions, existing law defines “capital asset” as that term is defined in a specified federal law.
end insertbegin insertThis bill instead would define “capital asset” as property with an estimated life of one year or greater, other than inventory.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 21707 of the Business and Professions
2Code is amended to read:
(a) After the expiration of the time given in the notice
4of lien sale, pursuant to subdivision (b) of Section 21705, or
5following the failure of a claimant to pay rent or obtain a court
6order pursuant to Section 21709, an advertisement of the sale shall
7be published once a week for two weeks consecutively in a
8newspaper of general circulation published in the public notice
9district where the sale is to be held. The advertisement shall include
10a general description of the goods, the name of the person on whose
11account they are being stored, and the name and location of the
12storage facility. If there is no newspaper of general circulation
13published in the public notice district where the sale is to be held,
14the advertisement shall be posted at least 10 days before the sale
15in not less than six conspicuous places in the neighborhood
of the
16proposed sale. The sale shall be conducted in a commercially
17reasonable manner. After deducting the amount of the lien and
18costs of sale, the owner shall retain any excess proceeds of the sale
19on the occupant’s behalf. The occupant, or any other person having
20a court order or other judicial process against the property, may
21claim the excess proceeds, or a portion thereof sufficient to satisfy
22the particular claim, at any time within one year of the date of sale.
23Thereafter, the owner shall pay any remaining excess proceeds to
24the treasury of the county in which the sale was held.
P4 1(b) For the purposes of this section, publication of notice in a
2public notice district is governed by Chapter 1.1 (commencing
3with Section 6080) of Division 7 of Title 1 of the Government
4Code.
Section 22592 of the Business and Professions Code
6 is amended to read:
A hosting platform shall provide the following notice
8to occupants listing a residence for short-term rental on a hosting
9platform:
12If you are a tenant who is listing a room, home, mobilehome,
13condominium, or apartment, please refer to your rental contract
14or lease, or contact your landlord, prior to listing the property to
15determine whether your lease or contract contains restrictions that
16would limit your ability to list your room, home, mobilehome,
17condominium, or apartment. Listing your room, home,
18mobilehome, condominium, or apartment may be a violation of
19your lease or contract, and could result in legal action against you
20by your landlord, including possible eviction.
begin insertSection 1942.5 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) If the lessor retaliates against the lessee because
24of the exercise by the lessee of hisbegin insert or herend insert rights under this chapter
25or because of hisbegin insert or herend insert complaint to an appropriate agency as to
26tenantability of a dwelling, and if the lessee of a dwelling is not
27in default as to the payment of hisbegin insert or herend insert rent, the lessor may not
28recover possession of a dwelling in any action or proceeding, cause
29the lessee to quit involuntarily, increase the rent, or decrease any
30services
within 180 days of any of the following:
31(1) After the date upon which the lessee, in good faith, has given
32notice pursuant to Section 1942, or has made an oral complaint to
33the lessor regarding tenantability.
34(2) After the date upon which the lessee, in good faith, has filed
35a written complaint, or an oral complaint which is registered or
36otherwise recorded in writing, with an appropriate agency, of which
37the lessor has notice, for the purpose of obtaining correction of a
38condition relating to tenantability.
P5 1(3) After the date of an inspection or issuance of a citation,
2resulting from a complaint described in paragraph (2) of which
3the lessor did not have notice.
4(4) After the filing of appropriate documents commencing a
5judicial or arbitration
proceeding involving the issue of
6tenantability.
7(5) After entry of judgment or the signing of an arbitration
8award, if any, when in the judicial proceeding or arbitration the
9issue of tenantability is determined adversely to the lessor.
10In each instance, the 180-day period shall run from the latest
11applicable date referred to in paragraphs (1) to (5), inclusive.
12(b) A lessee may not invoke subdivision (a) more than once in
13any 12-month period.
14(c) begin deleteIt is unlawful for a lessor to increase rent, end deletebegin insertNotwithstanding
15subdivision (a), it is unlawful for a lessor to increase rent, end insertdecrease
16
services, cause a lessee to quit involuntarily, bring an action to
17recover possession, or threaten to do any of those acts, for the
18purpose of retaliating against the lessee because he or she has
19lawfully organized or participated in a lessees’ association or an
20organization advocating lessees’ rights or has lawfully and
21peaceably exercised any rights under the law. In an action brought
22by or against the lessee pursuant to this subdivision, the lessee
23shall bear the burden of producing evidence that the lessor’s
24conduct was, in fact, retaliatory.
25(d) Nothing in this section shall be construed as limiting in any
26way the exercise by the lessor of his or her rights under any lease
27or agreement or any law pertaining to the hiring of property or his
28or her right to do any of the acts described in subdivision (a) or
29(c) for any lawful cause. Any waiver by a lessee of his or her rights
30under this section is void as contrary to public policy.
31(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor
32may recover possession of a dwelling and do any of the other acts
33described in subdivision (a) within the period or periods prescribed
34therein, or within subdivision (c), if the notice of termination, rent
35increase, or other act, and any pleading or statement of issues in
36an arbitration, if any, states the ground upon which the lessor, in
37good faith, seeks to recover possession, increase rent, or do any
38of the other acts described in subdivision (a) or (c). If the statement
39is controverted, the lessor shall establish its truth at the trial or
40other hearing.
P6 1(f) Any lessor or agent of a lessor who violates this section shall
2be liable to the lessee in a civil action for all of the following:
3(1) The actual damages sustained by the lessee.
4(2) Punitive damages in an amount of not less than one hundred
5dollars ($100) nor more than two thousand dollars ($2,000) for
6each retaliatory act where the lessor or agent has been guilty of
7fraud, oppression, or malice with respect to that act.
8(g) In any action brought for damages for retaliatory eviction,
9the court shall award reasonable attorney’s fees to the prevailing
10party if either party requests attorney’s fees upon the initiation of
11the action.
12(h) The remedies provided by this section shall be in addition
13to any other remedies provided by statutory or decisional law.
Section 2924f of the Civil Code is amended to read:
(a) As used in this section and Sections 2924g and
172924h, “property” means real property or a leasehold estate therein,
18and “calendar week” means Monday through Saturday, inclusive.
19(b) (1) Except as provided in subdivision (c), before any sale
20of property can be made under the power of sale contained in any
21deed of trust or mortgage, or any resale resulting from a rescission
22for a failure of consideration pursuant to subdivision (c) of Section
232924h, notice of the sale thereof shall be given by posting a written
24notice of the time of sale and of the street address and the specific
25place at the street address where the sale will be held, and
26describing the property to be sold, at least 20 days before the date
27of sale in one public place in the
city where the property is to be
28sold, if the property is to be sold in a city, or, if not, then in one
29public place in the county seat of the county where the property
30is to be sold, and publishing a copy once a week for three
31consecutive calendar weeks.
32(2) The first publication to be at least 20 days before the date
33of sale, in a newspaper of general circulation published in the city
34in which the property or some part thereof is situated, if any part
35thereof is situated in a city, if not, then in a newspaper of general
36circulation published in the public notice district in which the
37property or some part thereof is situated, or in case no newspaper
38of general circulation is published in the city or public notice
39district, as the case may be, in a newspaper of general circulation
40published in the county in which the property or some part thereof
P7 1is situated, or in case no newspaper of general circulation is
2published in the city or public
notice district or county, as the case
3may be, in a newspaper of general circulation published in the
4county in this state that is contiguous to the county in which the
5property or some part thereof is situated and has, by comparison
6with all similarly contiguous counties, the highest population based
7upon total county population as determined by the most recent
8federal decennial census published by the Bureau of the Census.
9For the purposes of this section, publication of notice in a public
10notice district is governed by Chapter 1.1 (commencing with
11Section 6080) of Division 7 of Title 1 of the Government Code.
12(3) A copy of the notice of sale shall also be posted in a
13conspicuous place on the property to be sold at least 20 days before
14the date of sale, where possible and where not restricted for any
15reason. If the property is a single-family residence the posting shall
16be on a door of the residence, but, if not possible or restricted, then
17
the notice shall be posted in a conspicuous place on the property;
18however, if access is denied because a common entrance to the
19property is restricted by a guard gate or similar impediment, the
20property may be posted at that guard gate or similar impediment
21to any development community.
22(4) The notice of sale shall conform to the minimum
23requirements of Section 6043 of the Government Code and be
24recorded with the county recorder of the county in which the
25property or some part thereof is situated at least 20 days prior to
26the date of sale.
27(5) The notice of sale shall contain the name, street address in
28this state, which may reflect an agent of the trustee, and either a
29toll-free telephone number or telephone number in this state of the
30trustee, and the name of the original trustor, and also shall contain
31the statement required by paragraph (3) of subdivision (c). In
32addition to
any other description of the property, the notice shall
33describe the property by giving its street address, if any, or other
34common designation, if any, and a county assessor’s parcel
35number; but if the property has no street address or other common
36designation, the notice shall contain a legal description of the
37property, the name and address of the beneficiary at whose request
38the sale is to be conducted, and a statement that directions may be
39obtained pursuant to a written request submitted to the beneficiary
40within 10 days from the first publication of the notice. Directions
P8 1shall be deemed reasonably sufficient to locate the property if
2information as to the location of the property is given by reference
3to the direction and approximate distance from the nearest
4crossroads, frontage road, or access road. If a legal description or
5a county assessor’s parcel number and either a street address or
6another common designation of the property is given, the validity
7of the notice and the validity of the sale
shall not be affected by
8the fact that the street address, other common designation, name
9and address of the beneficiary, or the directions obtained therefrom
10are erroneous or that the street address, other common designation,
11name and address of the beneficiary, or directions obtained
12therefrom are omitted.
13(6) The term “newspaper of general circulation,” as used in this
14section, has the same meaning as defined in Article 1 (commencing
15with Section 6000) of Chapter 1 of Division 7 of Title 1 of the
16Government Code.
17(7) The notice of sale shall contain a statement of the total
18amount of the unpaid balance of the obligation secured by the
19property to be sold and reasonably estimated costs, expenses,
20advances at the time of the initial publication of the notice of sale,
21and, if republished pursuant to a cancellation of a cash equivalent
22pursuant to subdivision (d) of Section 2924h,
a reference of that
23fact; provided, that the trustee shall incur no liability for any good
24faith error in stating the proper amount, including any amount
25provided in good faith by or on behalf of the beneficiary. An
26inaccurate statement of this amount shall not affect the validity of
27any sale to a bona fide purchaser for value, nor shall the failure to
28post the notice of sale on a door as provided by this subdivision
29affect the validity of any sale to a bona fide purchaser for value.
30(8) (A) On and after April 1, 2012, if the deed of trust or
31mortgage containing a power of sale is secured by real property
32containing from one to four single-family residences, the notice
33of sale shall contain substantially the following language, in
34addition to the language required pursuant to paragraphs (1) to (7),
35inclusive:
37NOTICE TO POTENTIAL BIDDERS:
If you are considering
38bidding on this property lien, you should understand that there are
39risks involved in bidding at a trustee auction. You will be bidding
40on a lien, not on the property itself. Placing the highest bid at a
P9 1trustee auction does not automatically entitle you to free and clear
2ownership of the property. You should also be aware that the lien
3being auctioned off may be a junior lien. If you are the highest
4bidder at the auction, you are or may be responsible for paying off
5all liens senior to the lien being auctioned off, before you can
6receive clear title to the property. You are encouraged to investigate
7the existence, priority, and size of outstanding liens that may exist
8on this property by contacting the county recorder’s office or a
9title insurance company, either of which may charge you a fee for
10this information. If you consult either of these resources, you
11should be aware that the same lender may hold more than one
12mortgage or deed of trust on the property.
14NOTICE TO PROPERTY OWNER: The sale date shown on
15this notice of sale may be postponed one or more times by the
16mortgagee, beneficiary, trustee, or a court, pursuant to Section
172924g of the California Civil Code. The law requires that
18information about trustee sale postponements be made available
19to you and to the public, as a courtesy to those not present at the
20sale. If you wish to learn whether your sale date has been
21postponed, and, if applicable, the rescheduled time and date for
22the sale of this property, you may call [telephone number for
23information regarding the trustee’s sale] or visit this Internet Web
24site [Internet Web site address for information regarding the sale
25of this property], using the file number assigned to this case [case
26file number]. Information about postponements that are very short
27in duration or that occur close in time to the scheduled sale may
28not immediately be reflected in the telephone information
or on
29the Internet Web site. The best way to verify postponement
30information is to attend the scheduled sale.
32(B) A mortgagee, beneficiary, trustee, or authorized agent shall
33make a good faith effort to provide up-to-date information
34regarding sale dates and postponements to persons who wish this
35information. This information shall be made available free of
36charge. It may be made available via an Internet Web site, a
37telephone recording that is accessible 24 hours a day, seven days
38a week, or through any other means that allows 24 hours a day,
39seven days a week, no-cost access to updated information. A
40disruption of any of these methods of providing sale date and
P10 1postponement information to allow for reasonable maintenance or
2due to a service outage shall not be deemed to be a violation of
3the good faith standard.
4(C) Except as provided in
subparagraph (B), nothing in the
5wording of the notices required by subparagraph (A) is intended
6to modify or create any substantive rights or obligations for any
7person providing, or specified in, either of the required notices.
8Failure to comply with subparagraph (A) or (B) shall not invalidate
9any sale that would otherwise be valid under Section 2924f.
10(D) Information provided pursuant to subparagraph (A) does
11not constitute the public declaration required by subdivision (d)
12of Section 2924g.
13(9) If the sale of the property is to be a unified sale as provided
14in subparagraph (B) of paragraph (1) of subdivision (a) of Section
159604 of the Commercial Code, the notice of sale shall also contain
16a description of the personal property or fixtures to be sold. In the
17case where it is contemplated that all of the personal property or
18fixtures are to be sold, the description in the
notice of the personal
19property or fixtures shall be sufficient if it is the same as the
20description of the personal property or fixtures contained in the
21agreement creating the security interest in or encumbrance on the
22personal property or fixtures or the filed financing statement
23relating to the personal property or fixtures. In all other cases, the
24description in the notice shall be sufficient if it would be a
25sufficient description of the personal property or fixtures under
26Section 9108 of the Commercial Code. Inclusion of a reference to
27or a description of personal property or fixtures in a notice of sale
28hereunder shall not constitute an election by the secured party to
29conduct a unified sale pursuant to subparagraph (B) of paragraph
30(1) of subdivision (a) of Section 9604 of the Commercial Code,
31shall not obligate the secured party to conduct a unified sale
32pursuant to subparagraph (B) of paragraph (1) of subdivision (a)
33of Section 9604 of the Commercial Code, and in no way shall
34render defective or
noncomplying either that notice or a sale
35pursuant to that notice by reason of the fact that the sale includes
36none or less than all of the personal property or fixtures referred
37to or described in the notice. This paragraph shall not otherwise
38affect the obligations or duties of a secured party under the
39Commercial Code.
P11 1(c) (1) This subdivision applies only to deeds of trust or
2mortgages which contain a power of sale and which are secured
3by real property containing a single-family, owner-occupied
4residence, where the obligation secured by the deed of trust or
5mortgage is contained in a contract for goods or services subject
6to the provisions of the Unruh Act (Chapter 1 (commencing with
7Section 1801) of Title 2 of Part 4 of Division 3).
8(2) Except as otherwise expressly set forth in this subdivision,
9all other provisions of law relating to the exercise of a
power of
10sale shall govern the exercise of a power of sale contained in a
11deed of trust or mortgage described in paragraph (1).
12(3) If any default of the obligation secured by a deed of trust or
13mortgage described in paragraph (1) has not been cured within 30
14days after the recordation of the notice of default, the trustee or
15mortgagee shall mail to the trustor or mortgagor, at his or her last
16known address, a copy of the following statement:
YOU ARE IN DEFAULT UNDER A |
, |
(Deed of trust or mortgage) |
---|
DATED ____. UNLESS YOU TAKE ACTION TO PROTECT |
27(4) All sales of real property pursuant to a power of sale
28contained in any deed of trust or mortgage described in paragraph
29(1) shall be held in the county where the residence is located and
30shall be made to the person making the highest offer. The trustee
31may receive offers during the 10-day period immediately prior to
32the date of sale and if any offer is accepted in writing by both the
33trustor or mortgagor and the beneficiary or mortgagee prior to the
34time set for
sale, the sale shall be postponed to a date certain and
35prior to which the property may be conveyed by the trustor to the
36person making the offer according to its terms. The offer is
37revocable until accepted. The performance of the offer, following
38acceptance, according to its terms, by a conveyance of the property
39to the offeror, shall operate to terminate any further proceeding
40under the notice of sale and it shall be deemed revoked.
P12 1(5) In addition to the trustee fee pursuant to Section 2924c, the
2trustee or mortgagee pursuant to a deed of trust or mortgage subject
3to this subdivision shall be entitled to charge an additional fee of
4fifty dollars ($50).
5(6) This subdivision applies only to property on which notices
6of default were filed on or after the effective date of this
7subdivision.
8(d) With respect to
residential real property containing no more
9than four dwelling units, a separate document containing a
10summary of the notice of sale information in English and the
11languages described in Section 1632 shall be attached to the notice
12of sale provided to the mortgagor or trustor pursuant to Section
132923.3.
Section 3440.1 of the Civil Code is amended to read:
This chapter does not apply to any of the following:
17(a) Things in action.
18(b) Ships or cargoes if either are at sea or in a foreign port.
19(c) The sale of accounts, chattel paper, payment intangibles, or
20promissory notes governed by the Uniform Commercial Code,
21security interests, and contracts of bottomry or respondentia.
22(d) Wines or brandies in the wineries, distilleries, or wine cellars
23of the makers or owners of the wines or brandies, or other persons
24having possession, care, and control of the wines or brandies, and
25the pipes, casks, and tanks in which the wines or brandies are
26contained,
if the transfers are made in writing and executed and
27acknowledged, and if the transfers are recorded in the book of
28official records in the office of the county recorder of the county
29in which the wines, brandies, pipes, casks, and tanks are situated.
30(e) A transfer or assignment made for the benefit of creditors
31generally or by an assignee acting under an assignment for the
32benefit of creditors generally.
33(f) Property exempt from enforcement of a money judgment.
34(g) Standing timber.
35(h) Subject to the limitations in Section 3440.3, a transfer of
36personal property if all of the following conditions are satisfied:
37(1) Before the date of the intended transfer, the transferor or the
38
transferee files a financing statement, with respect to the property
39transferred, authorized in an authenticated record by the transferor.
40The financing statement shall be filed in the office of the Secretary
P13 1of State in accordance with Chapter 5 (commencing with Section
29501) of Division 9 of the Commercial Code, but may use the
3terms “transferor” in lieu of “debtor” and “transferee” in lieu of
4“secured party.” The provisions of Chapter 5 (commencing with
5Section 9501) of Division 9 of the Commercial Code shall apply
6as appropriate to the financing statement.
7(2) The transferor or the transferee publishes a notice of the
8intended transfer one time in a newspaper of general circulation
9published in the public notice district in which the personal
10property is located, if there is one, and if there is none in the public
11notice district, then in a newspaper of general circulation in the
12county in which the personal property is located. The
publication
13shall be completed not less than 10 days before the date the transfer
14occurs. The notice shall contain the name and address of the
15transferor and transferee and a general statement of the character
16of the personal property intended to be transferred, and shall
17indicate the place where the personal property is located and a date
18on or after which the transfer is to be made.
19(i) Personal property not located within this state at the time of
20the transfer or attachment of the lien if the provisions of this
21subdivision are not used for the purpose of evading this chapter.
22(j) A transfer of property that (1) is subject to a statute or treaty
23of the United States or a statute of this state that provides for the
24registration of transfers of title or issuance of certificates of title
25and (2) is so far perfected under that statute or treaty that a bona
26fide purchaser cannot
acquire an interest in the property transferred
27that is superior to the interest of the transferee.
28(k) A transfer of personal property in connection with a
29transaction in which the property is immediately thereafter leased
30by the transferor from the transferee provided the transferee
31purchased the property for value and in good faith pursuant to
32subdivision (c) of Section 10308 of the Commercial Code.
33(l) Water supply property, as defined in Section 849 of the Public
34Utilities Code.
35(m) A transfer of property by any governmental entity.
36(n) For the purposes of this section, publication of notice in a
37public notice district is governed by Chapter 1.1 (commencing
38with Section 6080) of Division 7 of Title 1 of the Government
39
Code.
Section 3440.5 of the Civil Code is amended to read:
(a) This chapter does not affect the rights of a secured
4party who, for value and in good faith, acquires a security interest
5in the transferred personal property from the transferee, or from
6the transferee’s successor in interest, if the transferor is no longer
7in possession of the personal property at the time the security
8interest attaches.
9(b) Additionally, except as provided in Section 3440.3, this
10chapter does not affect the rights of a secured party who acquires
11a security interest from the transferee, or from the transferee’s
12successor in interest, in the personal property, if all of the following
13conditions are satisfied:
14(1) On or before the date the
security agreement is executed,
15the intended debtor or secured party files a financing statement
16with respect to the property transferred, signed by the intended
17debtor. The financing statement shall be filed in the office of the
18Secretary of State in accordance with Chapter 5 (commencing with
19Section 9501) of Division 9 of the Commercial Code, but shall
20use the terms “transferor” in lieu of “debtor,” “transferee” in lieu
21of “secured party,” and “secured party” in lieu of “assignee of
22secured party.” The provisions of Chapter 5 (commencing with
23Section 9501) of Division 9 of the Commercial Code shall apply
24as appropriate to the financing statement. For the purpose of
25indexing, and in any certification of search, the Secretary of State
26may refer to any financing statement filed pursuant to this
27paragraph as a financing statement under the Commercial Code
28and may describe the transferor as a debtor and the transferee as
29a secured party.
30(2) The
intended debtor or secured party publishes a notice of
31the transfer one time in a newspaper of general circulation
32published in thebegin delete judicialend deletebegin insert public noticeend insert district in which the personal
33property is located, if there is one, and if there is none in the public
34notice district, then in a newspaper of general circulation in the
35county in which the personal property is located. The publication
36shall be completed not less than 10 days before the date of
37execution by the intended debtor of the intended security
38agreement. The notice shall contain the names and addresses of
39the transferor and transferee and of the intended debtor and secured
40party, a general statement of the character of the personal property
P15 1transferred and intended to be subject to the security interest, the
2location of the personal property, and the date on
or after which
3the security agreement is to be executed by the intended debtor.
4(c) Compliance with paragraph (1) of subdivision (b) shall not
5perfect the security interest of the secured party. Perfection of that
6security interest shall be governed by Division 9 (commencing
7with Section 9101) of the Commercial Code.
8(d) For the purposes of this section, publication of notice in a
9public notice district is governed by Chapter 1.1 (commencing
10with Section 6080) of Division 7 of Title 1 of the Government
11Code.
begin insertSection 273 of the end insertbegin insertCode of Civil Procedureend insertbegin insert, as amended
13by Section 1 of Chapter 87 of the Statutes of 2009, is amended to
14read:end insert
(a) The report of the official reporter, or official reporter
16pro tempore, of any court, duly appointed and sworn, when
17transcribed and certified as being a correct transcript of the
18testimony and proceedings in the case, is prima facie evidence of
19that testimony and proceedings.
20(b) The report of the official reporter, or official reporter pro
21tempore, of any court, duly appointed and sworn, when prepared
22as a rough draft transcript, shall not be certified and cannot be
23used, cited, distributed, or transcribed as the official certified
24transcript of the proceedings. A rough draft transcript shall not be
25cited or used in any way or at any time to rebut or contradict the
26official certified transcript of the proceedings as provided by the
27official reporter or official
reporter pro tempore. The production
28of a rough draft transcript shall not be required.
29(c) The instant visual display of the testimony or proceedings,
30or both, shall not be certified and cannot be used, cited, distributed,
31or transcribed as the official certified transcript of the proceedings.
32The instant visual display of the testimony or proceedings, or both,
33shall not be cited or used in any way or at any time to rebut or
34contradict the official certified transcript of the proceedings as
35provided by the official reporter or official reporter pro tempore.
36(d) This section shall remain in effect only untilbegin delete January 1, 2017,end delete
37begin insert January 1, 2022,end insert
and as of that date is repealed, unless a later
38enacted statute, that is enacted beforebegin delete January 1, 2017,end deletebegin insert January 1,
392022,end insert deletes or extends that date.
begin insertSection 273 of the end insertbegin insertCode of Civil Procedureend insertbegin insert, as added
2by Section 2 of Chapter 87 of the Statutes of 2009, is amended to
3read:end insert
(a) The report of the official reporter, or official reporter
5pro tempore, of any court, duly appointed and sworn, when
6transcribed and certified as being a correct transcript of the
7testimony and proceedings in the case, is prima facie evidence of
8that testimony and proceedings.
9(b) The report of the official reporter, or official reporter pro
10tempore, of any court, duly appointed and sworn, when prepared
11as a rough draft transcript, shall not be certified and cannot be
12used, cited, distributed, or transcribed as the official certified
13transcript of the proceedings. A rough draft transcript shall not be
14cited or used in any way or at any time to rebut or contradict the
15official certified transcript of the proceedings as provided by the
16official reporter or official
reporter pro tempore. The production
17of a rough draft transcript shall not be required.
18(c) This section shall become operative onbegin delete January 1, 2017.end delete
19
begin insert January 1, 2022.end insert
Section 701.540 of the Code of Civil Procedure is
22amended to read:
(a) Notice of sale of an interest in real property shall
24be in writing, shall state the date, time, and place of sale, shall
25describe the interest to be sold, and shall give a legal description
26of the real property and its street address or other common
27designation, if any. If the real property has no street address or
28other common designation, the notice of sale shall include a
29statement that directions to its location may be obtained from the
30levying officer upon oral or written request or, in the discretion of
31the levying officer, the notice of sale may contain directions to its
32location. Directions are sufficient if information as to the location
33of the real property is given by reference to the direction and
34approximate distance from the nearest crossroads, frontage road,
35or access
road. If an accurate legal description of the real property
36is given, the validity of the notice and sale is not affected by the
37fact that the street address or other common designation, or
38directions to its location, are erroneous or omitted.
39(b) Not less than 20 days before the date of sale, notice of sale
40of an interest in real property shall be served, mailed, and posted
P17 1by the levying officer as provided in subdivisions (c), (d), (e), and
2(f).
3(c) Notice of sale shall be served on the judgment debtor. Service
4shall be made personally or by mail.
5(d) Notice of sale shall be posted in the following places:
6(1) One public place in the city in which the interest in the real
7property is to be sold if it is to be sold in a city or, if not to be sold
8in a
city, one public place in the county in which the interest in
9the real property is to be sold.
10(2) A conspicuous place on the real property.
11(e) At the time notice is posted pursuant to paragraph (2) of
12subdivision (d), notice of sale shall be served or service shall be
13attempted on one occupant of the real property. Service on the
14occupant shall be made by leaving the notice with the occupant
15personally or, in the occupant’s absence, with any person of
16suitable age and discretion found upon the real property at the time
17service is attempted who is either an employee or agent of the
18occupant or a member of the occupant’s household. If the levying
19officer is unable to serve an occupant, as specified, at the time
20service is attempted, the levying officer is not required to make
21any further attempts to serve an occupant.
22(f) If the property described in the notice of sale consists of
23more than one distinct lot, parcel, or governmental subdivision
24and any of the lots, parcels, or governmental subdivisions lies with
25relation to any of the others so as to form one or more continuous,
26unbroken tracts, only one service pursuant to subdivision (e) and
27posting pursuant to paragraph (2) of subdivision (d) need be made
28as to each continuous, unbroken tract.
29(g) Notice of sale shall be published pursuant to Section 6063
30of the Government Code, with the first publication at least 20 days
31prior to the time of sale, in a newspaper of general circulation
32published in the city in which the real property or a part thereof is
33situated if any part thereof is situated in a city or, if not, in a
34newspaper of general circulation published in the public notice
35district in which the real property or a part thereof is situated. If
36no newspaper of general circulation is
published in the city or
37public notice district, notice of sale shall be published in a
38newspaper of general circulation in the county in which the real
39property or a part thereof is situated.
P18 1(h) Not earlier than 30 days after the date of levy, the judgment
2creditor shall determine the names of all persons having liens on
3the real property on the date of levy that are of record in the office
4of the county recorder and shall instruct the levying officer to mail
5notice of sale to each lienholder at the address used by the county
6recorder for the return of the instrument creating the lien after
7recording. The levying officer shall mail notice to each lienholder,
8at the address given in the instructions, not less than 20 days before
9the date of sale.
10(i) For the purposes of this section, publication of notice in a
11public notice district is governed by Chapter 1.1 (commencing
12with
Section 6080) of Division 7 of Title 1 of the Government
13Code.
Section 6105 of the Commercial Code is amended
16to read:
(a) A notice that is governed by this section shall comply
18with each of the following:
19(1) State that a bulk sale is about to be made.
20(2) State the name and business address of the seller together
21with any other business name and address listed by the seller
22(subdivision (a) of Section 6104) and the name and business
23address of the buyer.
24(3) State the location and general description of the assets.
25(4) State the place and the anticipated date of the bulk sale.
26(5) State
whether or not the bulk sale is subject to Section 6106.2
27and, if so subject, the matters required by subdivision (f) of Section
286106.2.
29(b) At least 12 business days before the date of the bulk sale, a
30notice that is governed by this section shall be:
31(1) Recorded in the office of the county recorder in the county
32or counties in this state in which the tangible assets are located
33and, if different, in the county in which the seller is located
34(paragraph (2) of subdivision (a) of Section 6103).
35(2) Published at least once in a newspaper of general circulation
36published in the public notice district in this state in which the
37tangible assets are located and in the public notice district, if
38different, in which the seller is located (paragraph (2) of
39subdivision (a) of Section 6103), if in either case there is one, and
40
if there is none, then in a newspaper of general circulation in the
P19 1county in which the public notice district is located. If the tangible
2assets are located in more than one public notice district in this
3state, the publication shall be in a newspaper of general circulation
4published in the public notice district in this state in which a greater
5portion of the tangible assets are located, on the date the notice is
6published, than in any other public notice district in this state and,
7if different, in the public notice district in which the seller is located
8(paragraph (2) of subdivision (a) of Section 6103).
9(3) Delivered or sent by registered or certified mail to the county
10tax collector in the county or counties in this state in which the
11tangible assets are located. If delivered during the period from
12January 1 to May 7, inclusive, the notice shall be accompanied by
13a completed business property statement with respect to property
14involved
in the bulk sale pursuant to Section 441 of the Revenue
15and Taxation Code.
16(c) For the purposes of this section, publication of notice in a
17public notice district is governed by Chapter 1.1 (commencing
18with Section 6080) of Division 7 of Title 1 of the Government
19Code.
20(d) As used in this section, “business day” means any day other
21than a Saturday, Sunday, or day observed as a holiday by the state
22government.
begin insertSection 1001 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
24read:end insert
The civil executive officers are: a Governor; a private
26secretary and an executive secretary for the Governor; a Lieutenant
27Governor; a Secretary of State; a Deputy Secretary of State; a
28Keeper of Archives of State for Secretary of State; a bookkeeper
29for the Secretary of State; three recording clerks for the Secretary
30of State; a Controller; a Deputy Controller; a bookkeeper for the
31Controller; five clerks for the Controller; a Treasurer; a Deputy
32Treasurer; a bookkeeper for the Treasurer; a clerk for six months
33in each year for the Treasurer; an Attorney General and all assistant
34and deputy attorneys general; a Superintendent of Public
35Instruction; one clerk for the Superintendent of Public Instruction;
36an Insurance Commissioner; a deputy for the Insurance
37Commissioner; four port wardens for the Port of San Francisco; a
38port warden for each port of
entry except San Francisco; five State
39Harbor Commissioners for San Francisco Harbor; six pilots for
40each harbor where there is no board of pilot commissioners; three
P20 1members of the Board of Pilot Commissioners for Humboldt Bay
2and Bar; 13 members of the State Board of Agriculture; four
3members of the State Board of Equalization; a clerk of the Board
4of Equalization; three members of the State Board of Education;
5a librarian for the Supreme Court Library and the chief deputy
6clerk and the deputy clerks of the Supreme Court; five directors
7for the state hospital at Napa; the manager, assistant manager, chief
8counsel and division chiefs, State Compensation Insurance Fund;
9the head of each department and all chiefs of divisions, deputies
10and secretaries of a department; such other officers as fill offices
11created by or under the authority of charters or laws for the
12government of counties and cities or of the health, school, election,
13road, or revenuebegin delete laws.end deletebegin insert
laws; or persons serving on boards or
14commissions created under the laws of the state or established
15under the State Constitution.end insert
Section 6008 of the Government Code is amended
18to read:
(a) Notwithstanding any provision of law to the contrary,
20a newspaper is a “newspaper of general circulation” if it meets all
21of the following criteria:
22(1) It is a newspaper published for the dissemination of local
23or telegraphic news and intelligence of a general character, which
24has a bona fide subscription list of paying subscribers and has been
25established and published at regular intervals of not less than
26weekly in the city, district, or public notice district for which it is
27seeking adjudication for at least three years preceding the date of
28adjudication.
29(2) It has a substantial distribution to paid subscribers in the
30city, district, or public notice
district in which it is seeking
31adjudication.
32(3) It has maintained a minimum coverage of local or telegraphic
33news and intelligence of a general character of not less than 25
34percent of its total inches during each year of the three-year period.
35(4) It has only one principal office of publication and that office
36is in the city, district, or public notice district for which it is seeking
37adjudication.
38(b) For the purposes of Section 6020, a newspaper meeting the
39criteria of this section which desires to have its standing as a
40newspaper of general circulation ascertained and established, may,
P21 1by its publisher, manager, editor, or attorney, file a verified petition
2in the superior court of the county in which it is established and
3published.
4(c) As used in this section:
5(1) “Established” means in existence under a specified name
6during the whole of the three-year period, except that a
7modification of name in accordance with Section 6024, where the
8modification of name does not substantially change the identity
9of the newspaper, shall not affect the status of the newspaper for
10the purposes of this definition.
11(2) “Published” means issued from the place where the
12newspaper is sold to or circulated among the people and its
13subscribers during the whole of the three-year period.
14(3) “Public notice district” means a public notice district
15described in Chapter 1.1 (commencing with Section 6080).
Chapter 1.1 (commencing with Section 6080) is added
18to Division 7 of Title 1 of the Government Code, to read:
19
This chapter governs any statute requiring publication
26of notice in a public notice district.
A notice published or posted in a manner that is contrary
28to the provisions of this chapter shall not be invalidated as a
29consequence of a reasonable, good faith error as to the applicable
30public notice district.
(a) Notwithstanding Section 6027, a judicial decree
32establishing a newspaper as a newspaper of general circulation in
33a former judicial district shall be treated as a judicial decree
34establishing the newspaper as a newspaper of general circulation
35in the successor public notice district.
36(b) For the purposes of this section, the “successor public notice
37district” is the public notice district, described in Article 2, that
38contains substantially the same population centers as the applicable,
39former judicial district preserved for notice publication by former
40Section 71042.5.
(a) Alameda County contains the following public
4notice districts:
5(1) Alameda District, which is comprised of the City of
6Alameda.
7(2) Berkeley-Albany District, which is comprised of the Cities
8of Albany and Berkeley.
9(3) Fremont-Newark-Union City District, which is comprised
10of the Cities of Fremont, Newark, and Union City.
11(4) Livermore District, which is comprised of the City of
12Livermore.
13(5) Oakland-Piedmont District, which is comprised of the Cities
14of Emeryville, Oakland, and
Piedmont.
15(6) Pleasanton District, which is comprised of the Cities of
16Dublin and Pleasanton.
17(7) San Leandro-Hayward District, which is comprised of the
18Cities of Hayward and San Leandro and the unincorporated areas
19known as Ashland, Castro Valley, Cherryland, Fairview, and San
20Lorenzo.
21(b) For the purpose of publishing notice arising from a location
22within Alameda County that is not within one of the districts
23described in subdivision (a):
24(1) If the location is within five miles of a district, notice shall
25be published in the nearest district.
26(2) If the location is not within five miles of a district, notice
27shall be given as if the location is in a public notice district without
28a
newspaper of general circulation.
Alpine County contains a single, countywide public
30notice district.
Amador County contains a single, countywide public
32notice district.
(a) Butte County contains the following public
34notice districts:
35(1) Biggs District, which is comprised of the City of Biggs.
36(2) Chico District, which is comprised of the City of Chico.
37(3) Gridley District, which is comprised of the City of Gridley.
38(4) Oroville District, which is comprised of the City of Oroville.
39(5) Paradise District, which is comprised of the City of Paradise
40and the unincorporated area known as Magalia.
P23 1(b) For the purpose of publishing notice arising from a location
2within Butte County that is not within one of the districts described
3in subdivision (a):
4(1) If the location is within 10 miles of a district, notice shall
5be published in the nearest district.
6(2) If the location is not within 10 miles of a district, notice shall
7be given as if the location is in a public notice district without a
8newspaper of general circulation.
(a) Calaveras County contains the following public
10notice districts:
11(1) Angels-Murphys District, which is comprised of the City of
12Angels Camp and the unincorporated area known as Murphys.
13(2) San Andreas District, which is comprised of the
14unincorporated areas known as Rancho Calaveras, San Andreas,
15and Valley Springs.
16(b) For the purpose of publishing notice arising from a location
17within Calaveras County that is not within one of the districts
18described in subdivision (a):
19(1) If the location is within 10 miles of a district, notice shall
20be
published in the nearest district.
21(2) If the location is not within 10 miles of a district, notice shall
22be given as if the location is in a public notice district without a
23newspaper of general circulation.
(a) Colusa County contains the following public
25notice districts:
26(1) Colusa District, which is comprised of the City of Colusa.
27(2) Williams District, which is comprised of the City of
28Williams.
29(b) For the purpose of publishing notice arising from a location
30within Colusa County that is not within one of the districts
31described in subdivision (a):
32(1) If the location is within 10 miles of a district, notice shall
33be published in the nearest district.
34(2) If the location is not
within 10 miles of a district, notice shall
35be given as if the location is in a public notice district without a
36newspaper of general circulation.
(a) Contra Costa County contains the following
38public notice districts:
39(1) Antioch District, which is comprised of the City of Antioch.
P24 1(2) Brentwood-Byron District, which is comprised of the City
2of Brentwood and the unincorporated areas known as Byron and
3Discovery Bay.
4(3) El Cerrito-Kensington District, which is comprised of the
5City of El Cerrito and the unincorporated area known as
6Kensington.
7(4) Mount Diablo District, which is comprised of the Cities of
8Clayton, Concord, Martinez, and Pleasant Hill.
9(5) Oakley District, which is comprised of the City of Oakley
10and the unincorporated area known as Knightsen.
11(6) Pinole-Hercules-Rodeo District, which is comprised of the
12Cities of Pinole and Hercules and the unincorporated area known
13as Rodeo.
14(7) Pittsburgh District, which is comprised of the City of
15Pittsburgh and the unincorporated area known as Bay Point.
16(8) Richmond District, which is comprised of the City of
17Richmond.
18(9) San Pablo District, which is comprised of the City of San
19Pablo and the unincorporated areas known as Bayview, East
20Richmond Heights, El Sobrante, Montalvin Manor, North
21Richmond, Rollingwood, and Tara Hills.
22(10) Walnut Creek-Danville District, which is comprised of the
23Cities of Danville, Lafayette, Moraga, Orinda, San Ramon, and
24Walnut Creek and the unincorporated areas known as Alamo,
25Contra Costa Centre, and Reliez Valley.
26(b) For the purpose of publishing notice arising from a location
27within Contra Costa County that is not within one of the districts
28described in subdivision (a):
29(1) If the location is within five miles of a district, notice shall
30be published in the nearest district.
31(2) If the location is not within five miles of a district, notice
32shall be given as if the location is in a public notice district without
33a newspaper of general circulation.
(a) Del Norte County contains the Cresent District
35public notice district, which is comprised of Crescent City.
36(b) For the purpose of publishing notice arising from a location
37within Del Norte County that is not within the district described
38in subdivision (a):
39(1) If the location is within 10 miles of the district, notice shall
40be published in the district.
P25 1(2) If the location is not within 10 miles of the district, notice
2shall be given as if the location is in a public notice district without
3a newspaper of general circulation.
(a) El Dorado County contains the following public
5notice districts:
6(1) El Dorado District, which is comprised of the unincorporated
7areas known as Cameron Park, Diamond Springs, and El Dorado
8Hills.
9(2) Lake Valley District, which is comprised of the City of South
10Lake Tahoe.
11(3) Placerville District, which is comprised of the City of
12Placerville.
13(b) For the purpose of publishing notice arising from a location
14within El Dorado County that is not within one of the districts
15described in subdivision (a):
16(1) If the location is within 10 miles of a district, notice shall
17be published in the nearest district.
18(2) If the location is not within 10 miles of a district, notice shall
19be given as if the location is in a public notice district without a
20newspaper of general circulation.
(a) Fresno County contains the following public
22notice districts:
23(1) Clovis District, which is comprised of the City of Clovis
24and the unincorporated area known as Tarpey Village.
25(2) Coalinga District, which is comprised of the Cities of
26Coalinga and Huron.
27(3) Firebaugh District, which is comprised of the Cities of
28Firebaugh and Mendota.
29(4) Fowler District, which is comprised of the City of Fowler.
30(5) Fresno District, which is comprised of the City of Fresno.
31(6) Kerman District, which is comprised of the Cities of Kerman
32and San Joaquin.
33(7) Kingsburg District, which is comprised of the City of
34Kingsburg.
35(8) Parlier District, which is comprised of the City of Parlier
36and the unincorporated area known as Del Rey.
37(9) Reedley District, which is comprised of the Cities of Orange
38Cove and Reedley.
39(10) Sanger District, which is comprised of the City of Sanger.
40(11) Selma District, which is comprised of the City of Selma.
P26 1(b) For the purpose of publishing notice arising from a location
2within Fresno County that is not
within one of the districts
3described in subdivision (a):
4(1) If the location is within 10 miles of a district, notice shall
5be published in the nearest district.
6(2) If the location is not within 10 miles of a district, notice shall
7be given as if the location is in a public notice district without a
8newspaper of general circulation.
(a) Glenn County contains the following public
10notice districts:
11(1) Orland District, which is comprised of the City of Orland.
12(2) Willows District, which is comprised of the City of Willows.
13(b) For the purpose of publishing notice arising from a location
14within Glenn County that is not within one of the districts described
15in subdivision (a):
16(1) If the location is within 10 miles of a district, notice shall
17be published in the nearest district.
18(2) If the location is not within 10 miles of a district, notice shall
19be given as if the location is in a public notice district without a
20newspaper of general circulation.
(a) Humboldt County contains the following public
22notice districts:
23(1) Arcata District, which is comprised of the Cities of Arcata,
24Blue Lake, and Trinidad and the unincorporated area known as
25McKinleyville.
26(2) Eureka District, which is comprised of the City of Eureka.
27(3) Fortuna District, which is comprised of the Cities of
28Ferndale, Fortuna, and Rio Dell.
29(b) For the purpose of publishing notice arising from a location
30within Humboldt County that is not within one of the districts
31described in subdivision (a):
32(1) If the location is within 10 miles of a district, notice shall
33be published in the nearest district.
34(2) If the location is not within 10 miles of a district, notice shall
35be given as if the location is in a public notice district without a
36newspaper of general circulation.
(a) Imperial County contains the following public
38notice districts:
39(1) Brawley District, which is comprised of the City of Brawley.
40(2) Calexico District, which is comprised of the City of Calexico.
P27 1(3) Calipatria District, which is comprised of the City of
2Calipatria.
3(4) El Centro District, which is comprised of the City of El
4Centro.
5(5) Holtville District, which is comprised of the City of Holtville.
6(6) Imperial District, which is comprised of the City of Imperial.
7(7) Westmoreland District, which is comprised of the City of
8Westmoreland.
9(b) For the purpose of publishing notice arising from a location
10within Imperial County that is not within one of the districts
11described in subdivision (a):
12(1) If the location is within 10 miles of a district, notice shall
13be published in the nearest district.
14(2) If the location is not within 10 miles of a district, notice shall
15be given as if the location is in a public notice district without a
16newspaper of general circulation.
(a) Inyo County contains the Northern Inyo District
18public notice district, which is comprised of the City of Bishop.
19(b) For the purpose of publishing notice arising from a location
20within Inyo County that is not within the district described in
21subdivision (a):
22(1) If the location is within 10 miles of the district, notice shall
23be published in the district.
24(2) If the location is not within 10 miles of the district, notice
25shall be given as if the location is in a public notice district without
26a newspaper of general circulation.
(a) Kern County contains the following public notice
28districts:
29(1) Arvin-Lamont District, which is comprised of the City of
30Arvin and the unincorporated areas known as Lamont and
31Weedpatch.
32(2) Bakersfield District, which is comprised of the City of
33Bakersfield and the unincorporated areas known as Oildale and
34Rosedale.
35(3) Delano-McFarland District, which is comprised of the Cities
36of Delano and McFarland.
37(4) Indian Wells District, which is comprised of the City of
38Ridgecrest.
P28 1(5) Kern River-Rand District, which is comprised of the
2unincorporated areas known as Bodfish, Kernville, Lake Isabella,
3Weldon, and Wofford Heights.
4(6) Maricopa-Taft District, which is comprised of the Cities of
5Maricopa and Taft.
6(7) Mojave District, which is comprised of California City and
7the unincorporated areas known as Mojave and Rosamond.
8(8) Shafter District, which is comprised of the City of Shafter.
9(9) Tehachapi District, which is comprised of the City of
10Tehachapi and the unincorporated area known as Bear Valley
11Springs.
12(10) Wasco District, which is comprised of the City of Wasco.
13(b) For the
purpose of publishing notice arising from a location
14within Kern County that is not within one of the districts described
15in subdivision (a):
16(1) If the location is within 10 miles of a district, notice shall
17be published in the nearest district.
18(2) If the location is not within 10 miles of a district, notice shall
19be given as if the location is in a public notice district without a
20newspaper of general circulation.
(a) Kings County contains the following public
22notice districts:
23(1) Avenal District, which is comprised of the City of Avenal.
24(2) Corcoran District, which is comprised of the City of
25Corcoran.
26(3) Hanford District, which is comprised of the City of Hanford.
27(4) Lemoore District, which is comprised of the City of
28Lemoore.
29(b) For the purpose of publishing notice arising from a location
30within Kings County that is not within one of the districts described
31in subdivision (a):
32(1) If the location is within 10 miles of a district, notice shall
33be published in the nearest district.
34(2) If the location is not within 10 miles of a district, notice shall
35be given as if the location is in a public notice district without a
36newspaper of general circulation.
(a) Lake County contains the following public notice
38districts:
39(1) Clearlake Highlands District, which is comprised of the City
40of Clearlake.
P29 1(2) Lakeport District, which is comprised of the City of
2Lakeport.
3(b) For the purpose of publishing notice arising from a location
4within Lake County that is not within one of the districts described
5in subdivision (a):
6(1) If the location is within 10 miles of a district, notice shall
7be published in the nearest district.
8(2) If the location
is not within 10 miles of a district, notice shall
9be given as if the location is in a public notice district without a
10newspaper of general circulation.
(a) Lassen County contains the Westwood-Honey
12Lake District public notice district, which is comprised of the City
13of Susanville and the unincorporated area known as Westwood.
14(b) For the purpose of publishing notice arising from a location
15within Lassen County that is not within the district described in
16subdivision (a):
17(1) If the location is within 10 miles of the district, notice shall
18be published in the district.
19(2) If the location is not within 10 miles of the district, notice
20shall be given as if the location is in a public notice district without
21a newspaper of general circulation.
(a) Los Angeles County contains the following
23public notice districts:
24(1) Alhambra District, which is comprised of the Cities of
25Alhambra, Monterey Park, San Gabriel, and Temple City and the
26unincorporated areas known as East San Gabriel and South San
27Gabriel.
28(2) Antelope District, which is comprised of the Cities of
29Lancaster and Palmdale and the unincorporated areas known as
30Antelope, Del Sur, Elizabeth Lake, Green Valley, Lake Hughes,
31Lake Los Angeles, Leona Valley, Little Rock, Llano, Pearblossom,
32Quartz Hill, Sun Village, and Wilsona.
33(3) Beverly Hills District, which is comprised of the Cities of
34Beverly
Hills and West Hollywood.
35(4) Burbank District, which is comprised of the City of Burbank.
36(5) Catalina District, which is comprised of San Clemente Island
37and Santa Catalina Island.
38(6) Citrus District, which is comprised of the Cities of Azusa,
39Baldwin Park, Covina, Glendora, Industry, Irwindale, and West
40Covina and the unincorporated areas known as Citrus, Charter
P30 1Oak, Rowland Heights, South San Jose Hills, Valinda, Vincent,
2and West Puente Valley.
3(7) Compton District, which is comprised of the Cities of
4Carson, Compton, Lynwood, and Paramount and the
5unincorporated areas known as Athens, East Compton, East Rancho
6Dominguez, West Carson, West Compton, West Rancho
7Dominguez, and Willowbrook.
8(8) Culver District, which is comprised of Culver City and the
9unincorporated areas known as Centinela, Ladera Heights, Marina
10Del Rey, View Park, and Windsor Hills.
11(9) Downey District, which is comprised of the Cities of
12Downey, La Mirada, and Norwalk.
13(10) East Los Angeles District, which is comprised of the Cities
14of Commerce and Montebello and the unincorporated areas known
15as Belvedere and East Los Angeles.
16(11) El Monte-Rio Hondo District, which is comprised of the
17Cities of El Monte, La Puente, Rosemead, and South El Monte
18and the unincorporated areas known as Avocado Heights, East
19Arcadia, Hacienda Heights, Mayflower Village, North El Monte,
20and Rio Hondo.
21(12) Glendale District, which is comprised of the Cities of
22Glendale and La
Cañada Flintridge and the unincorporated areas
23known as La Crescenta and Montrose.
24(13) Inglewood District, which is comprised of the Cities of El
25Segundo, Hawthorne, and Inglewood and the unincorporated areas
26known as Del Aire, Lennox, West Athens, and Westmont.
27(14) Long Beach District, which is comprised of the Cities of
28Long Beach and Signal Hill.
29(15) Los Angeles District, which is comprised of the Cities of
30Los Angeles and San Fernando.
31(16) Los Cerritos District, which is comprised of the Cities of
32Artesia, Bell Flower, Cerritos, Hawaiian Gardens, and Lakewood.
33(17) Malibu District, which is comprised of the Cities of Agoura
34Hills, Calabasas, Hidden Hills, Malibu, and Westlake
Village and
35the unincorporated areas known as Agoura, Malibu Heights,
36Topanga, and West Hills.
37(18) Newhall-Soledad District, which is comprised of the City
38of Santa Clarita and the unincorporated areas known as Acton,
39Agua Dulce, Castaic, Canyon Country, Halsey Canyon, Gorman,
P31 1Neenach, Newhall, Santa Susana Mountains, Saugus, Stevenson
2Ranch, Val Verde, and Valencia.
3(19) Pasadena District, which is comprised of the Cities of
4Pasadena, San Marino, Sierra Madre, and South Pasadena and the
5unincorporated areas known as Altadena, East Pasadena, Kinneloa
6Mesa, and San Pasqual.
7(20) Pomona District, which is comprised of the Cities of
8Claremont, Diamond Bar, La Verne, Pomona, San Dimas, and
9Walnut.
10(21) Santa Anita District, which is comprised of the Cities
of
11Arcadia, Bradbury, Duarte, and Monrovia and the unincorporated
12area known as South Monrovia Island.
13(22) Santa Monica District, which is comprised of the City of
14Santa Monica.
15(23) South Bay District, which is comprised of the Cities of
16Gardena, Hermosa Beach, Lawndale, Lomita, Manhattan Beach,
17Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach,
18Rolling Hills, Rolling Hills Estates, and Torrance and the
19unincorporated areas known as Alondra Park and El Camino
20Village.
21(24) Southeast District, which is comprised of the Cities of Bell,
22Bell Gardens, Cudahy, Huntington Park, Maywood, South Gate,
23and Vernon and the unincorporated areas known as
24Florence-Graham and Walnut Park.
25(25) Whittier District, which is comprised of the Cities of La
26Habra
Heights, Pico Rivera, Santa Fe Springs, and Whittier and
27the unincorporated areas known as East Whittier, Rose Hills, South
28Whittier, and West Whittier-Los Nietos.
29(b) For the purpose of publishing notice arising from a location
30within Los Angeles County that is not within one of the districts
31described in subdivision (a):
32(1) If the location is within five miles of a district, notice shall
33be published in the nearest district.
34(2) If the location is not within five miles of a district, notice
35shall be given as if the location is in a public notice district without
36a newspaper of general circulation.
(a) Madera County contains the following public
38notice districts:
39(1) Chowchilla District, which is comprised of the City of
40Chowchilla.
P32 1(2) Madera District, which is comprised of the City of Madera.
2(3) Sierra District, which is comprised of the unincorporated
3areas known as Ahwahnee, Coarsegold, Oakhurst, and Yosemite
4Lakes.
5(b) For the purpose of publishing notice arising from a location
6within Madera County that is not within one of the districts
7described in subdivision (a):
8(1) If the location is within 10 miles of a district, notice shall
9be published in the nearest district.
10(2) If the location is not within 10 miles of a district, notice shall
11be given as if the location is in a public notice district without a
12newspaper of general circulation.
(a) Marin County contains the Central District public
14notice district, which is comprised of the Cities of Belvedere, Corte
15Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San
16Anselmo, San Rafael, Sausalito, and Tiburon and the
17unincorporated area known as Tamalpais-Homestead Valley.
18(b) For the purpose of publishing notice arising from a location
19within Marin County that is not within the district described in
20subdivision (a):
21(1) If the location is within 10 miles of the district, notice shall
22be published in the district.
23(2) If the location is not within 10 miles of the district, notice
24shall be given
as if the location is in a public notice district without
25a newspaper of general circulation.
Mariposa County contains a single, countywide
27public notice district.
(a) Mendocino County contains the following public
29notice districts:
30(1) Arena District, which is comprised of the City of Point
31Arena.
32(2) Little Lake District, which is comprised of the City of
33Willits.
34(3) Ten Mile River District, which is comprised of the City of
35Fort Bragg.
36(4) Ukiah District, which is comprised of the City of Ukiah.
37(b) For the purpose of publishing notice arising from a location
38within Mendocino County that is not within one of the districts
39described in
subdivision (a):
P33 1(1) If the location is within 10 miles of a district, notice shall
2be published in the nearest district.
3(2) If the location is not within 10 miles of a district, notice shall
4be given as if the location is in a public notice district without a
5newspaper of general circulation.
(a) Merced County contains the following public
7notice districts:
8(1) Atwater District, which is comprised of the City of Atwater
9and the unincorporated areas known as Cressey, McSwain, and
10Winton.
11(2) Dos Palos District, which is comprised of the City of Dos
12Palos.
13(3) Gustine District, which is comprised of the City of Gustine.
14(4) Livingston District, which is comprised of the City of
15Livingston and the unincorporated areas known as Ballico, Delhi,
16and Stevinson.
17(5) Los Banos
District, which is comprised of the City of Los
18Banos and the unincorporated area known as Santa Nella.
19(6) Merced District, which is comprised of the City of Merced
20and the unincorporated area known as Franklin.
21(b) For the purpose of publishing notice arising from a location
22within Merced County that is not within one of the districts
23described in subdivision (a):
24(1) If the location is within 10 miles of a district, notice shall
25be published in the nearest district.
26(2) If the location is not within 10 miles of a district, notice shall
27be given as if the location is in a public notice district without a
28newspaper of general circulation.
(a) Modoc County contains the Alturas District
30public notice district, which is comprised of the City of Alturas.
31(b) For the purpose of publishing notice arising from a location
32within Modoc County that is not within the district described in
33subdivision (a):
34(1) If the location is within 10 miles of the district, notice shall
35be published in the district.
36(2) If the location is not within 10 miles of the district, notice
37shall be given as if the location is in a public notice district without
38a newspaper of general circulation.
Mono County contains a single, countywide public
40notice district.
(a) Monterey County contains the following public
2notice districts:
3(1) Castroville-Pajaro District, which is comprised of the
4unincorporated areas known as Castroville, Pajaro, and Pruneville.
5(2) Gonzales District, which is comprised of the City of
6Gonzales.
7(3) Greenfield District, which is comprised of the City of
8Greenfield.
9(4) King City District, which is comprised of King City.
10(5) Monterey-Carmel District, which is comprised of the Cities
11of Carmel, Del Rey Oaks, Monterey,
Sand City, and Seaside.
12(6) Pacific Grove District, which is comprised of the City of
13Pacific Grove and the unincorporated area known as Del Monte
14Forest.
15(7) Salinas District, which is comprised of the Cities of Marina
16and Salinas.
17(8) Soledad District, which is comprised of the City of Soledad.
18(b) For the purpose of publishing notice arising from a location
19within Monterey County that is not within one of the districts
20described in subdivision (a):
21(1) If the location is within 10 miles of a district, notice shall
22be published in the nearest district.
23(2) If the location is not within 10 miles of a district, notice shall
24
be given as if the location is in a public notice district without a
25newspaper of general circulation.
(a) Napa County contains the following public
27notice districts:
28(1) Calistoga District, which is comprised of the City of
29Calistoga.
30(2) Napa District, which is comprised of the Cities of American
31Canyon, Napa, and Yountville.
32(3) St. Helena District, which is comprised of the City of St.
33Helena and the unincorporated areas known as Angwin, Oakville,
34and Rutherford.
35(b) For the purpose of publishing notice arising from a location
36within Napa County that is not within one of the districts described
37in subdivision (a):
38(1) If the location is within 10 miles of a district, notice shall
39be published in the nearest district.
P35 1(2) If the location is not within 10 miles of a district, notice shall
2be given as if the location is in a public notice district without a
3newspaper of general circulation.
(a) Nevada County contains the following public
5notice districts:
6(1) Grass Valley District, which is comprised of the City of
7Grass Valley.
8(2) Nevada District, which is comprised of Nevada City.
9(3) Truckee District, which is comprised of the City of Truckee.
10(b) For the purpose of publishing notice arising from a location
11within Nevada County that is not within one of the districts
12described in subdivision (a):
13(1) If the location is within 10 miles of a district, notice shall
14be
published in the nearest district.
15(2) If the location is not within 10 miles of a district, notice shall
16be given as if the location is in a public notice district without a
17newspaper of general circulation.
(a) Orange County contains the following public
19notice districts:
20(1) Central Orange County District, which is comprised of the
21Cities of Orange, Santa Ana, Tustin, and Villa Park and the
22unincorporated area known as North Tustin.
23(2) North Orange County District, which is comprised of the
24Cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, Garden
25Grove, La Habra, La Palma, Placentia, Stanton, and Yorba Linda.
26(3) Orange County Harbor District, which is comprised of the
27Cities of Costa Mesa, Irvine, and Newport Beach.
28(4) South Orange County
District, which is comprised of the
29Cities of Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills,
30Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo,
31Rancho Santa Margarita, San Clemente, and San Juan Capistrano
32and the unincorporated areas known as Coto de Caza and Ladera
33Ranch.
34(5) West Orange County District, which is comprised of the
35Cities of Fountain Valley, Huntington Beach, Los Alamitos, Seal
36Beach, and Westminster and the unincorporated area known as
37Rossmoor.
38(b) For the purpose of publishing notice arising from a location
39within Orange County that is not within one of the districts
40described in subdivision (a):
P36 1(1) If the location is within five miles of a district, notice shall
2be published in the nearest district.
3(2) If the location
is not within five miles of a district, notice
4shall be given as if the location is in a public notice district without
5a newspaper of general circulation.
(a) Placer County contains the following public
7notice districts:
8(1) Auburn District, which is comprised of the City of Auburn
9and the unincorporated areas known as Meadow Vista, Newcastle,
10and North Auburn.
11(2) Colfax-Alta-Dutch Flat District, which is comprised of the
12City of Colfax and the unincorporated areas known as Alta and
13Dutch Flat.
14(3) Lincoln District, which is comprised of the City of Lincoln.
15(4) Loomis District, which is comprised of the Cities of Loomis
16and Rocklin and the unincorporated areas known as Granite Bay
17and Penryn.
18(5) Roseville District, which is comprised of the City of
19Roseville.
20(b) For the purpose of publishing notice arising from a location
21within Placer County that is not within one of the districts described
22in subdivision (a):
23(1) If the location is within 10 miles of a district, notice shall
24be published in the nearest district.
25(2) If the location is not within 10 miles of a district, notice shall
26be given as if the location is in a public notice district without a
27newspaper of general circulation.
(a) Plumas County contains the Beckwourth District
29public notice district, which is comprised of the City of Portola
30and the unincorporated area known as Beckwourth.
31(b) For the purpose of publishing notice arising from a location
32within Plumas County that is not within the district described in
33subdivision (a):
34(1) If the location is within 10 miles of the district, notice shall
35be published in the district.
36(2) If the location is not within 10 miles of the district, notice
37shall be given as if the location is in a public notice district without
38a newspaper of general circulation.
(a) Riverside County contains the following public
40notice districts:
P37 1(1) Beaumont District, which is comprised of the Cities of
2Beaumont and Calimesa and the unincorporated area known as
3Cherry Valley.
4(2) Coachella District, which is comprised of the City of
5Coachella and the unincorporated areas known as Thermal and
6Vista Santa Rosa.
7(3) Corona District, which is comprised of the Cities of Corona,
8Eastvale, and Norco and the unincorporated areas known as El
9Sobrante, Home Gardens, and Temescal Valley.
10(4) Desert District, which is comprised of
the Cities of Cathedral
11City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm
12Desert, Palm Springs, and Rancho Mirage.
13(5) Elsinore District, which is comprised of the Cities of Canyon
14Lake, Lake Elsinore, and Wildomar and the unincorporated areas
15known as Lakeland Village and Meadowbrook.
16(6) Hemet District, which is comprised of the City of Hemet
17and the unincorporated areas known as East Hemet, Green Acres,
18Idyllwild-Pine Cove, Valle Vista, and Winchester.
19(7) Jurupa District, which is comprised of the City of Jurupa
20Valley.
21(8) Mecca District, which is comprised of the unincorporated
22areas known as Oasis and Mecca.
23(9) Murrieta District, which is comprised of the Cities of
24
Murrieta and Temecula and the unincorporated area known as
25French Valley.
26(10) Palo Verde District, which is comprised of the City of
27Blythe.
28(11) Perris District, which is comprised of the Cities of Menifee
29and Perris and the unincorporated areas known as Good Hope,
30Homeland, Lake Mathews, Mead Valley, and Nuevo.
31(12) Riverside District, which is comprised of the Cities of
32Moreno Valley and Riverside and the unincorporated areas known
33as March AFB and Woodcrest.
34(13) San Gorgonio District, which is comprised of the City of
35Banning and the unincorporated areas known as Cabazon and
36Whitewater.
37(14) San Jacinto District, which is comprised of the City of San
38Jacinto.
P38 1(b) For the purpose of publishing notice arising from a location
2within Riverside County that is not within one of the districts
3described in subdivision (a):
4(1) If the location is within 10 miles of a district, notice shall
5be published in the nearest district.
6(2) If the location is not within 10 miles of a district, notice shall
7be given as if the location is in a public notice district without a
8newspaper of general circulation.
(a) Sacramento County contains the following public
10notice districts:
11(1) Elk Grove-Galt District, which is comprised of the Cities
12of Elk Grove and Galt and the unincorporated areas known as
13Rancho Murieta, Vineyard, and Wilton.
14(2) Fair Oaks-Folsom District, which is comprised of the City
15of Folsom and the unincorporated areas known as Fair Oaks, Gold
16River, and Orangevale.
17(3) Sacramento District, which is comprised of the Cities of
18Citrus Heights, Rancho Cordova, and Sacramento and the
19unincorporated areas known as Antelope, Arden-Arcade,
20Carmichael, Florin, Foothill Farms, La Riviera, Lemon Hill, North
21
Highlands, Parkway, Rio Linda, and Rosemont.
22(4) Walnut Grove-Isleton District, which is comprised of the
23City of Isleton and the unincorporated area known as Walnut
24Grove.
25(b) For the purpose of publishing notice arising from a location
26within Sacramento County that is not within one of the districts
27described in subdivision (a):
28(1) If the location is within 10 miles of a district, notice shall
29be published in the nearest district.
30(2) If the location is not within 10 miles of a district, notice shall
31be given as if the location is in a public notice district without a
32newspaper of general circulation.
(a) San Benito County contains the following public
34notice districts:
35(1) Hollister District, which is comprised of the City of Hollister.
36(2) San Juan District, which is comprised of the City of San
37Juan Bautista.
38(b) For the purpose of publishing notice arising from a location
39within San Benito County that is not within one of the districts
40described in subdivision (a):
P39 1(1) If the location is within 10 miles of a district, notice shall
2be published in the nearest district.
3(2) If
the location is not within 10 miles of a district, notice shall
4be given as if the location is in a public notice district without a
5newspaper of general circulation.
(a) San Bernardino County contains the following
7public notice districts:
8(1) Barstow District, which is comprised of the City of Barstow.
9(2) Bear Valley District, which is comprised of the City of Big
10Bear Lake and the unincorporated area known as Big Bear City.
11(3) Bloomington District, which is comprised of the Cities of
12Fontana and Rialto and the unincorporated areas known as
13Bloomington and Lytle Creek.
14(4) Chino District, which is comprised of the Cities of Chino
15and Chino Hills.
16(5) Crest Forest District, which is comprised of the
17unincorporated areas known as Crestline and Lake Arrowhead.
18(6) Cucamonga-Etiwanda District, which is comprised of the
19Cities of Montclair, Ontario, Rancho Cucamonga, and Upland.
20(7) Needles District, which is comprised of the City of Needles.
21(8) San Bernardino District, which is comprised of the Cities
22of Colton, Grand Terrace, Highland, Loma Linda, and San
23Bernardino and the unincorporated area known as Muscoy.
24(9) Twentynine Palms District, which is comprised of the Cities
25of Twentynine Palms and Yucca Valley.
26(10) Victorville District, which is comprised of the Cities of
27Adelanto, Apple Valley, Hesperia, and Victorville
and the
28unincorporated areas known as Lucerne Valley and Phelan.
29(11) Yucaipa District, which is comprised of the Cities of
30Redlands and Yucaipa and the unincorporated area known as
31Mentone.
32(b) For the purpose of publishing notice arising from a location
33within San Bernardino County that is not within one of the districts
34described in subdivision (a):
35(1) If the location is within 10 miles of a district, notice shall
36be published in the nearest district.
37(2) If the location is not within 10 miles of a district, notice shall
38be given as if the location is in a public notice district without a
39newspaper of general circulation.
(a) San Diego County contains the following public
2notice districts:
3(1) El Cajon District, which is comprised of the Cities of El
4Cajon, La Mesa, Lemon Grove, and Santee and the unincorporated
5areas known as Alpine, Bostonia, Casa de Oro, Jamul, La Presa,
6Lakeside, Mount Helix, Ramona, Rancho San Diego, San Diego
7Country Estates, Spring Valley, and Winter Gardens.
8(2) North County District, which is comprised of the Cities of
9Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos,
10Solana Beach, and Vista and the unincorporated areas known as
11Camp Pendleton, Fairbanks Ranch, Fallbrook, and Rancho Santa
12Fe.
13(3) San Diego District, which is comprised of the Cities of
14Poway and San Diego, excluding that part of the City of San Diego
15that is in the South Bay District.
16(4) South Bay District, which is comprised of the Cities of Chula
17Vista, Coronado, Imperial Beach, and National City, the
18unincorporated area known as Bonita, and that part of the City of
19San Diego lying south of the City of Chula Vista.
20(b) For the purpose of publishing notice arising from a location
21within San Diego County that is not within one of the districts
22described in subdivision (a):
23(1) If the location is within 10 miles of a district, notice shall
24be published in the nearest district.
25(2) If the location is not within 10 miles of a district, notice shall
26be given as if
the location is in a public notice district without a
27newspaper of general circulation.
The City and County of San Francisco contains a
29single, countywide public notice district.
(a) San Joaquin County contains the following
31public notice districts:
32(1) Lodi District, which is comprised of the City of Lodi.
33(2) Manteca-Ripon-Escalon District, which is comprised of the
34Cities of Escalon, Lathrop, Manteca, and Ripon and the
35unincorporated area known as French Camp.
36(3) Stockton District, which is comprised of the City of Stockton
37and the unincorporated area known as Garden Acres.
38(4) Tracy District, which is comprised of the City of Tracy.
P41 1(b) For the purpose of
publishing notice arising from a location
2within San Joaquin County that is not within one of the districts
3described in subdivision (a):
4(1) If the location is within 10 miles of a district, notice shall
5be published in the nearest district.
6(2) If the location is not within 10 miles of a district, notice shall
7be given as if the location is in a public notice district without a
8newspaper of general circulation.
(a) San Luis Obispo County contains the following
10public notice districts:
11(1) First District, which is comprised of the City of El Paso de
12Robles.
13(2) Second District, which is comprised of the City of
14Atascadero and the unincorporated area known as Templeton.
15(3) Third District, which is comprised of the City of Morro Bay
16and the unincorporated area known as Los Osos.
17(4) Fourth District, which is comprised of the City of San Luis
18Obispo and the unincorporated areas known as Avila Beach and
19Los Ranchos.
20(5) Fifth District, which is comprised of the Cities of Arroyo
21Grande, Grover Beach, and Pismo Beach and the unincorporated
22areas known as Edna and Nipomo.
23(b) For the purpose of publishing notice arising from a location
24within San Luis Obispo County that is not within one of the
25districts described in subdivision (a):
26(1) If the location is within 10 miles of a district, notice shall
27be published in the nearest district.
28(2) If the location is not within 10 miles of a district, notice shall
29be given as if the location is in a public notice district without a
30newspaper of general circulation.
(a) San Mateo County contains the following public
32notice districts:
33(1) Central District, which is comprised of the Cities of Belmont,
34Burlingame, Foster City, Half Moon Bay, Hillsborough, Millbrae,
35and San Mateo and the unincorporated area known as Montara.
36(2) Northern District, which is comprised of the Cities of
37Brisbane, Colma, Daly City, Pacifica, San Bruno, and South San
38Francisco.
39(3) Southern District, which is comprised of the Cities of
40Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood
P42 1City, San Carlos, and Woodside and the unincorporated area known
2as North Fair Oaks.
3(b) For the purpose of publishing notice arising from a location
4within San Mateo County that is not within one of the districts
5described in subdivision (a):
6(1) If the location is within five miles of a district, notice shall
7be published in the nearest district.
8(2) If the location is not within five miles of a district, notice
9shall be given as if the location is in a public notice district without
10a newspaper of general circulation.
(a) Santa Barbara County contains the following
12public notice districts:
13(1) Carpinteria-Montecito District, which is comprised of the
14City of Carpinteria and the unincorporated area known as
15Montecito.
16(2) Guadalupe District, which is comprised of the City of
17Guadalupe.
18(3) Lompoc District, which is comprised of the City of Lompoc
19and the unincorporated area known as Vandenberg AFB.
20(4) Santa Barbara-Goleta District, which is comprised of the
21Cities of Goleta and Santa Barbara and the unincorporated area
22known as Isla Vista.
23(5) Santa Maria District, which is comprised of the City of Santa
24Maria and the unincorporated areas known as Los Alamos and
25Orcutt.
26(6) Solvang District, which is comprised of the Cities of Buellton
27and Solvang.
28(b) For the purpose of publishing notice arising from a location
29within Santa Barbara County that is not within one of the districts
30described in subdivision (a):
31(1) If the location is within 10 miles of a district, notice shall
32be published in the nearest district.
33(2) If the location is not within 10 miles of a district, notice shall
34be given as if the location is in a public notice district without a
35newspaper of general circulation.
(a) Santa Clara County contains the following public
37notice districts:
38(1) Gilroy-Morgan Hill District, which is comprised of the Cities
39of Gilroy and Morgan Hill.
P43 1(2) Los Gatos-Campbell-Saratoga District, which is comprised
2of the Cities of Campbell, Los Gatos, Monte Sereno, and Saratoga.
3(3) Palo Alto-Mountain View District, which is comprised of
4the Cities of Los Altos, Los Altos Hills, Mountain View, and Palo
5Alto and the unincorporated areas known as Loyola and Stanford.
6(4) San Jose-Milpitas-Alviso District, which is comprised of
7the Cities
of Milpitas and San Jose and the unincorporated area
8known as Alum Rock.
9(5) Santa Clara-Cupertino District, which is comprised of the
10Cities of Cupertino and Santa Clara.
11(6) Sunnyvale District, which is comprised of the City of
12Sunnyvale.
13(b) For the purpose of publishing notice arising from a location
14within Santa Clara County that is not within one of the districts
15described in subdivision (a):
16(1) If the location is within five miles of a district, notice shall
17be published in the nearest district.
18(2) If the location is not within five miles of a district, notice
19shall be given as if the location is in a public notice district without
20a newspaper of general
circulation.
Santa Cruz County contains a single, countywide
22public notice district.
(a) Shasta County contains the following public
24notice districts:
25(1) Anderson District, which is comprised of the City of
26Anderson.
27(2) Central Valley District, which is comprised of the City of
28Shasta Lake.
29(3) Redding District, which is comprised of the City of Redding.
30(b) For the purpose of publishing notice arising from a location
31within Shasta County that is not within one of the districts
32described in subdivision (a):
33(1) If the location is within 10 miles of a district,
notice shall
34be published in the nearest district.
35(2) If the location is not within 10 miles of a district, notice shall
36be given as if the location is in a public notice district without a
37newspaper of general circulation.
Sierra County contains a single, countywide public
39notice district.
(a) Siskiyou County contains the following public
2notice districts:
3(1) Dorris District, which is comprised of the City of Dorris.
4(2) Dunsmuir-Mount Shasta District, which is comprised of the
5Cities of Dunsmuir and Mount Shasta.
6(3) Scott Valley District, which is comprised of the Cities of
7Etna and Fort Jones.
8(4) Shasta Valley District, which is comprised of the Cities of
9Montague and Weed.
10(5) Tulelake District, which is comprised of the City of Tulelake.
11(6) Yreka District, which is comprised of the City of Yreka.
12(b) For the purpose of publishing notice arising from a location
13within Siskiyou County that is not within one of the districts
14described in subdivision (a):
15(1) If the location is within 10 miles of a district, notice shall
16be published in the nearest district.
17(2) If the location is not within 10 miles of a district, notice shall
18be given as if the location is in a public notice district without a
19newspaper of general circulation.
(a) Solano County contains the following public
21notice districts:
22(1) Benicia District, which is comprised of the City of Benicia.
23(2) Dixon District, which is comprised of the City of Dixon.
24(3) Fairfield-Suisun District, which is comprised of the Cities
25of Fairfield and Suisun.
26(4) Rio Vista District, which is comprised of the City of Rio
27Vista.
28(5) Vacaville District, which is comprised of the City of
29Vacaville.
30(6) Vallejo District, which is comprised of the City of Vallejo.
31(b) For the purpose of publishing notice arising from a location
32within Solano County that is not within one of the districts
33described in subdivision (a):
34(1) If the location is within 10 miles of a district, notice shall
35be published in the nearest district.
36(2) If the location is not within 10 miles of a district, notice shall
37be given as if the location is in a public notice district without a
38newspaper of general circulation.
(a) Sonoma County contains the following public
40notice districts:
P45 1(1) Central Sonoma County District, which is comprised of the
2Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol and
3the unincorporated areas known as Bloomfield, Forestville, and
4Guerneville.
5(2) Northern District, which is comprised of the Cities of
6Cloverdale, Healdsburg, and Windsor.
7(3) Petaluma District, which is comprised of the City of
8Petaluma and the unincorporated area known as Penngrove.
9(4) Sonoma District, which is comprised of the City of Sonoma
10and the
unincorporated areas known as Boyes Hot Springs and
11Kenwood.
12(b) For the purpose of publishing notice arising from a location
13within Sonoma County that is not within one of the districts
14described in subdivision (a):
15(1) If the location is within 10 miles of a district, notice shall
16be published in the nearest district.
17(2) If the location is not within 10 miles of a district, notice shall
18be given as if the location is in a public notice district without a
19newspaper of general circulation.
(a) Stanislaus County contains the following public
21notice districts:
22(1) Ceres District, which is comprised of the Cities of Ceres
23and Hughson and the unincorporated areas known as Bystrom,
24Keyes, and Parklawn.
25(2) Modesto District, which is comprised of the City of Modesto
26and the unincorporated areas known as Airport, Del Rio, Empire,
27and Salida.
28(3) Newman District, which is comprised of the City of Newman
29and the unincorporated area known as Crows Landing.
30(4) Oakdale-Waterford District, which is comprised of the Cities
31of Oakdale and
Waterford.
32(5) Patterson District, which is comprised of the City of
33Patterson and the unincorporated area known as Grayson.
34(6) Riverbank District, which is comprised of the City of
35Riverbank.
36(7) Turlock District, which is comprised of the City of Turlock.
37(b) For the purpose of publishing notice arising from a location
38within Stanislaus County that is not within one of the districts
39described in subdivision (a):
P46 1(1) If the location is within 10 miles of a district, notice shall
2be published in the nearest district.
3(2) If the location is not within 10 miles of a district, notice shall
4be given as if the location is in a
public notice district without a
5newspaper of general circulation.
(a) Sutter County contains the following public
7notice districts:
8(1) Butte District, which is comprised of the City of Live Oak.
9(2) Yuba District, which is comprised of Yuba City.
10(b) For the purpose of publishing notice arising from a location
11within Sutter County that is not within one of the districts described
12in subdivision (a):
13(1) If the location is within 10 miles of a district, notice shall
14be published in the nearest district.
15(2) If the location is not within 10 miles of
a district, notice shall
16be given as if the location is in a public notice district without a
17newspaper of general circulation.
(a) Tehama County contains the following public
19notice districts:
20(1) Corning District, which is comprised of the City of Corning
21and the unincorporated area known as Los Molinos.
22(2) Red Bluff District, which is comprised of the Cities of Red
23Bluff and Tehama and the unincorporated area known as Gerber.
24(b) For the purpose of publishing notice arising from a location
25within Tehama County that is not within one of the districts
26described in subdivision (a):
27(1) If the location is within 10 miles of a district, notice shall
28be published in the
nearest district.
29(2) If the location is not within 10 miles of a district, notice shall
30be given as if the location is in a public notice district without a
31newspaper of general circulation.
Trinity County contains a single, countywide public
33notice district.
(a) Tulare County contains the following public
35notice districts:
36(1) Dinuba District, which is comprised of the City of Dinuba
37and the unincorporated areas known as Cutler and Orosi.
38(2) Exeter-Farmersville District, which is comprised of the Cities
39of Exeter and Farmersville.
P47 1(3) Lindsay District, which is comprised of the City of Lindsay
2and the unincorporated area known as Strathmore.
3(4) Pixley District, which is comprised of the unincorporated
4areas known as Earlimart, Pixley, Tipton, and Woodville.
5(5) Porterville District, which is comprised of the City of
6Porterville and the unincorporated areas known as Cotton Center
7and Poplar.
8(6) Tulare District, which is comprised of the City of Tulare.
9(7) Visalia District, which is comprised of the City of Visalia
10and the unincorporated area known as Ivanhoe.
11(8) Woodlake District, which is comprised of the City of
12Woodlake.
13(b) For the purpose of publishing notice arising from a location
14within Tulare County that is not within one of the districts
15described in subdivision (a):
16(1) If the location is within 10 miles of a district, notice shall
17be published in the nearest
district.
18(2) If the location is not within 10 miles of a district, notice shall
19be given as if the location is in a public notice districtbegin delete which is without a newspaper of general
20comprised of the City of Sonora.end delete
21circulation.
(a) Tuolumne County contains the Sonora District
23public notice district, which is comprised of the City of Sonora.
24(b) For the purpose of publishing notice arising from a location
25within Tuolumne County that is not within the district described
26in subdivision (a):
27(1) If the location is within 10 miles of the district, notice shall
28be published in the district.
29(2) If the location is not within 10 miles of the district, notice
30shall be given as if the location is in a public notice district without
31a newspaper of general circulation.
Ventura County contains a single, countywide public
33notice district.
(a) Yolo County contains the following public notice
35districts:
36(1) Davis District, which is comprised of the City of Davis.
37(2) Washington District, which is comprised of the City of West
38Sacramento.
39(3) Winters District, which is comprised of the City of Winters.
P48 1(4) Woodland District, which is comprised of the City of
2Woodland.
3(b) For the purpose of publishing notice arising from a location
4within Yolo County that is not within one of the districts described
5in subdivision
(a):
6(1) If the location is within 10 miles of a district, notice shall
7be published in the nearest district.
8(2) If the location is not within 10 miles of a district, notice shall
9be given as if the location is in a public notice district without a
10newspaper of general circulation.
(a) Yuba County contains the following public
12notice districts:
13(1) Marysville District, which is comprised of the City of
14Marysville and the unincorporated areas known as Linda,
15Olivehurst, and Plumas Lake.
16(2) Wheatland District, which is comprised of the City of
17Wheatland and the unincorporated area known as Beale AFB.
18(b) For the purpose of publishing notice arising from a location
19within Yuba County that is not within one of the districts described
20in subdivision (a):
21(1) If the location is within 10 miles of a district, notice shall
22be
published in the nearest district.
23(2) If the location is not within 10 miles of a district, notice shall
24be given as if the location is in a public notice district without a
25newspaper of general circulation.
The heading of Article 2 (commencing with Section
2871042.5) of Chapter 6 of Title 8 of the Government Code is
29amended to read:
30
Section 71042.5 of the Government Code is repealed.
Section 71042.6 of the Government Code is repealed.
Section 71380 of the Government Code is amended
39to read:
The Controller shall establish, supervise, and maintain
2trial court revenue distribution guidelines, including a program to
3audit the accuracy of distributions as provided by law, to ensure
4that all fines, penalties, forfeitures, and fees assessed by courts,
5and their collection and appropriate disbursement, shall be properly
6accounted for and distributed. The trial court revenue distribution
7guidelines shall apply to superior courts, counties, including
8counties’ probation departments, central collection bureaus, and
9any other agencies or entities having a role in this process.
Section 1462.5 of the Penal Code is amended to read:
Each installment or partial payment of a fine, penalty,
13forfeiture, or fee shall be prorated among the state and local shares
14according to the trial court revenue distribution guidelines
15established by the Controller pursuant to Section 71380 of the
16Government Code. In cases subject to Section 1463.18 of the Penal
17Code, proration shall not occur until the minimum amounts have
18been transferred to the Restitution Fund as provided in that section.
begin insertSection 16350 of the end insertbegin insertProbate Codeend insertbegin insert is amended to
20read:end insert
(a) For the purposes of this section:
22(1) “Entity” means a corporation, partnership, limited liability
23company, regulated investment company, real estate investment
24trust, common trust fund, or any other organization in which a
25trustee has an interest other than a trust or decedent’s estate to
26which Section 16351 applies, a business or activity to which
27Section 16352 applies, or an asset-backed security to which Section
2816367 applies.
29(2) “Capital asset” meansbegin delete a capital asset as defined in Section begin insert
property with an estimated
301221 of the Internal Revenue Code.end delete
31life of one year or greater, other than inventory.end insert
32(b) Except as otherwise provided in this section, a trustee shall
33allocate to income money received from an entity.
34(c) A trustee shall allocate to principal the following receipts
35from an entity:
36(1) Property other than money.
37(2) Money received in one distribution or a series of related
38distributions in exchange for part or all of a trust’s interest in the
39entity.
P50 1(3) Money received in total liquidation of the entity or in partial
2liquidation of the entity, as defined in subdivision (d), except for
3money received from an entity that is a regulated investment
4company or a
real estate investment trust if the money distributed
5is a net short-term capital gain distribution.
6(4) Money received from an entity that is a regulated investment
7company or a real estate investment trust if the money distributed
8is a capital gain dividend for federal income tax purposes. A capital
9gain dividend shall not include money received as a net short-term
10capital gain distribution from a regulated investment company or
11real estate investment trust.
12(d) For purposes of paragraph (3) of subdivision (c), money
13shall be treated as received in partial liquidation to the extent the
14amount received from the distributing entity is attributable to the
15proceeds from a sale by the distributing entity, or by the distributing
16entity’s subsidiary or affiliate, of a capital asset. The following
17shall apply to determine whether money is received in partial
18liquidation:
19(1) A trustee may rely without investigation on a written
20statement made by the distributing entity regarding the receipt.
21(2) A trustee may rely without investigation on other information
22actually known by the trustee regarding whether the receipt is
23attributable to the proceeds from a sale by the distributing entity,
24or by the distributing entity’s subsidiary or affiliate, of a capital
25asset.
26(3) With regard to each receipt from a distributing entity, if
27within 30 days from the date of the receipt the distributing entity
28provides no written statement to the trustee that the receipt is a
29distribution attributable to the proceeds from a sale of a capital
30asset by the distributing entity or by the distributing entity’s
31subsidiary or affiliate and the trustee has no actual knowledge that
32the receipt is a distribution
attributable to the proceeds from a sale
33of a capital asset by the distributing entity or by the distributing
34entity’s subsidiary or affiliate, then the following shall apply:
35(A) The trustee shall have no duty to investigate whether the
36receipt from the distributing entity is in partial liquidation of the
37entity.
38(B) If, on the date of receipt, the receipt from the distributing
39entity is in excess of 10 percent of the value of the trust’s interest
40in the distributing entity, then the receipt shall be deemed to be
P51 1received in partial liquidation of the distributing entity, and the
2trustee shall allocate all of the receipt to principal. For purposes
3of this subparagraph, the value of the trust’s interest in the
4distributing entity shall be determined as follows:
5(i) In the case of an interest that is a security
regularly traded
6on a public exchange or market, the closing price of the security
7on the public exchange or market occurring on the last business
8day before the date of the receipt.
9(ii) In the case of an interest that is not a security regularly traded
10on a public exchange or market, the trust’s proportionate share of
11the value of the distributing entity as set forth in the most recent
12appraisal, if any, actually received by the trustee and prepared by
13a professional appraiser with a valuation date within three years
14of the date of the receipt. The trustee shall have no duty to
15investigate the existence of the appraisal or to obtain an appraisal
16nor shall the trustee have any liability for relying upon an appraisal
17prepared by a professional appraiser. The term “professional
18appraiser” shall refer to an appraiser who has earned an appraisal
19designation for valuing the type of property subject to the appraisal
20from a recognized professional
appraiser organization.
21(iii) If the trust’s interest in the distributing entity cannot be
22valued under clause (i) or clause (ii), the trust’s proportionate share
23of the distributing entity’s net assets, to be calculated as gross
24assets minus liabilities, as shown in the distributing entity’s yearend
25financial statements immediately preceding the receipt.
26(iv) If the trust’s interest in the distributing entity cannot be
27valued under clause (i), (ii), or (iii), the federal cost basis of the
28trust’s interest in the distributing entity on the date immediately
29before the date of the receipt.
30(e) If a trustee allocates a receipt to principal in accordance with
31subdivision (d), or allocates a receipt to income because the receipt
32is not determined to be in partial liquidation under subdivision (d),
33the trustee shall not be
liable for any claim of improper allocation
34of the receipt that is based on information that was not received
35or actually known by the trustee as of the date of allocation.
36(f) (1) Notwithstanding anything to the contrary in subdivision
37(d), if the receipt was allocated between December 2, 2004, and
38July 18, 2005, a trustee shall not be liable for allocating the receipt
39to income if the amount received by the trustee, when considered
40together with the amount received by all owners, collectively,
P52 1exceeded 20 percent of the entity’s gross assets, but the amount
2received by the trustee did not exceed 20 percent of the entity’s
3gross assets.
4(2) Money is not received in partial liquidation, nor may it be
5taken into account under subdivision (d), to the extent that it does
6not exceed the amount of income tax that a trustee or beneficiary
7is required to pay on
taxable income of the entity that distributes
8the money.
Section 3381 of the Revenue and Taxation Code is
11amended to read:
(a) In each county where the tax collector or, if the
13county is a chartered county, the board of supervisors determines
14that the public interest, convenience and necessity require the local
15publication of the delinquent list required by Section 3371, or the
16published notice of power and intent to sell required by Section
173361, in order to afford adequate notice, all items required to be
18published shall be published as provided in this article.
19(b) After the determination, the tax collector or, if the county
20is a chartered county, the board of supervisors shall divide and
21distribute the items to be published and cause the same to be
22published either within (1) the municipal corporations, (2) the
23elementary, high school, or
junior college districts, (3) the
24supervisorial districts, (4) public notice districts described in
25Chapter 1.1 (commencing with Section 6080) of Division 7 of
26Title 1 of the Government Code, (5) tax districts, areas included
27in map books, or tax code areas, or (6) by any annexation or
28annexations of same, or any combination of same, or any
29combination of those districts, annexations, areas included in map
30books, and code areas, within the county as they shall determine
31most likely to afford adequate notice to owners of the property.
32(c) Except as provided in this article, the publication shall be
33in the same manner as provided in Article 1.7 (commencing with
34Section 3371).
35(d) The publication provided for in this article shall be made
36once a week for two successive weeks in a newspaper or
37newspapers of general circulation. The publication shall be made
38in a newspaper published
not less frequently than once a week.
Section 3702 of the Revenue and Taxation Code is
3amended to read:
(a) The tax collector shall publish the notice of intended
5sale once a week for three successive weeks in a newspaper of
6general circulation published in the county seat and in a newspaper
7of general circulation published in the public notice district in
8which the property is situated. If the same newspaper of general
9circulation is published in both the county seat and in the public
10notice district, or if the publication of the notice of sale is made in
11a newspaper which is determined pursuant to Section 3381 as most
12likely to afford adequate notice of the sale, a publication in that
13paper shall satisfy the requirements for publication set forth in this
14section. If there is no newspaper published in the county seat or
15in the public notice district, then publication in the location in
16which
there is no newspaper may be made by posting notice in
17three public places in the county seat. The publication shall be
18started not less than 21 days prior to the date of the sale.
19(b) For the purposes of this section, publication of notice in a
20public notice district is governed by Chapter 1.1 (commencing
21with Section 6080) of Division 7 of Title 1 of the Government
22Code.
Section 3703 of the Revenue and Taxation Code is
25amended to read:
If in the judgment of the board of supervisors any
27property to be sold under this chapter will bring at auction less
28than the cost of publication in a newspaper, the publication of the
29notice of intended sale may be made in the same manner as if there
30were no newspaper published in the county seat or in the public
31notice district.
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