AB 2331, as introduced, Rendon. Business: self-service storage facilities.
Existing law, the California Self-Service Storage Facility Act, specifies remedies and procedures for self-service storage facility owners when occupants are delinquent in paying rent or other charges. Existing law requires that a lien sale of property at a self-service storage facility be advertised in a newspaper of general circulation in the judicial district where the sale is to be held, or posted in conspicuous places in the neighborhood of the proposed sale, as specified.
This bill would alternatively permit the advertisement of the lien sale to be posted on a publicly accessible Internet Web site if there is no newspaper of general circulation published in the judicial district where the sale is to be held.
Vote: majority. Appropriation: no. Fiscal committee: no. 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:
After the expiration of the time given in the notice of
2lien sale, pursuant to subdivision (b) of Section 21705, or following
3the failure of a claimant to pay rent or obtain a court order pursuant
4to Section 21709, an advertisement of the sale shall be published
5once a week for two weeks consecutively in a newspaper of general
6circulation published in the judicial district where the sale is to be
7held. The advertisement shall include a general description of the
8goods, the name of the person on whose account they are being
9stored, and the name and location of the storage facility. If there
10is no newspaper of general circulation published in the judicial
11district where the sale is to be held, the advertisement shall be
12posted at least 10 days before the sale in not less than six
13conspicuous places in the
neighborhood of the proposed salebegin insert, or end insert
14begin inserton a publicly accessible Internet Web siteend insert. The sale shall be
15conducted in a commercially reasonable manner. After deducting
16the amount of the lien and costs of sale, the owner shall retain any
17excess proceeds of the sale on the occupant’s behalf. The occupant,
18or any other person having a court order or other judicial process
19against the property, may claim the excess proceeds, or a portion
20thereof sufficient to satisfy the particular claim, at any time within
21one year of the date of sale. Thereafter, the owner shall pay any
22remaining excess proceeds to the treasury of the county in which
23the sale was held.
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