BILL NUMBER: SB 491	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 17, 2011

    An act to amend Section 800.41 of the Civil Code,
relating to real property.   An act to amend Section
8250 of the Probate Code, relating to civil procedure. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 491, as amended, Evans.  Real property: floating homes.
  Civil procedure: probate of wills.  
   Under existing law, when a will is contested, the contestant is
required to file with the court an objection to probate of the will.
A summons is required to be issued and served, with a copy of the
objection, on specified persons. Existing law establishes the
procedure for the issuance and service of a summons, and authorizes a
plaintiff to have the clerk of the court issue one or more summons
for any defendant.  
   This bill would clarify that the provisions that authorize a clerk
to issue a summons are applicable when a person files an objection
to the probate of a will by adding a cross-reference to those
provisions.  
   Existing law prohibits a homeowner from being charged a fee when
obtaining a rental agreement on a floating home berth for a term of
12 months or a lesser period.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8250 of the   Probate
Code   is amended to read: 
   8250.  (a) When a will is contested under Section 8004, the
contestant shall file with the court an objection to probate of the
will. Thereafter, a summons shall be issued and served, with a copy
of the objection, on the persons required by Section 8110 to be
served with notice of hearing of a petition for administration of the
decedent's estate. The summons shall be issued and served as
provided in  Chapter   3 (commencing with Section
412.10) and  Chapter 4 (commencing with Section 413.10) of Title
5 of Part 2 of the Code of Civil Procedure. The summons shall
contain a direction that the persons summoned file with the court a
written pleading in response to the contest within 30 days after
service of the summons.
   (b) A person named as executor in the will is under no duty to
defend a contest until the person is appointed personal
representative. 
  SECTION 1.    Section 800.41 of the Civil Code is
amended to read:
   800.41.  A homeowner shall not be charged a fee for other than
rent, utilities, and incidental reasonable charges for services
actually rendered.
   A homeowner shall not be charged a fee for obtaining a rental
agreement on a floating home berth for (1) a term of one year, or (2)
a lesser period as mutually agreed upon by both the homeowner and
the management. A fee may be charged for a rental agreement of more
than one year if the fee is mutually agreed upon by both the
homeowner and management.