SB 803,
as amended, DeSaulnier. begin deleteFalse documents: real property: voiding and restitution. end deletebegin insertLocal government: counties: consolidation of offices.end insert
Existing law authorizes the boards of supervisors of specified counties to provide, by ordinance, that the public administrator be appointed by the board. Existing law also authorizes the boards of supervisors of specified counties, by ordinance, to appoint the same person to the offices of public administrator and public guardian, and to, at any time, separate the consolidated offices of district attorney and public administrator, as specified.
end insertbegin insertThis bill would authorize Contra Costa County to, by ordinance, appoint the public administrator to the board, appoint the same person to the offices of public administrator and public guardian, and separate the consolidated offices of district attorney and public administrator.
end insertbegin insertThis bill would make legislative findings and declarations as to the necessity of a special statute for Contra Costa County.
end insertExisting law establishes offenses involving falsifying documents, elder abuse, forgery, grand theft, identity theft, and mortgage fraud, among others. Existing law requires a court to order defendants convicted of any crime to pay restitution to the victim or victims as well as a restitution fine, as specified, unless the court finds compelling and extraordinary reasons for not imposing the restitution fine, as specified.
end deleteThis bill would provide that where a defendant is convicted of any of those offenses, or any other offense, in which an instrument affecting the right, title, or interest in real property was forged or false, and where the instrument was filed, registered, or recorded, as specified, the prosecuting attorney or the judge may make a motion for a noticed hearing to adjudge the instrument void, and to order restitution for an affected person. The bill would authorize a person who claims an interest in the affected property to file a claim, as specified, in connection with the motion. The bill would also authorize a person who claims an interest in the property to, in the alternative, file a quiet title action for the affected property. The bill would authorize the court, in its discretion, to stay a decision on the motion until resolution of the quiet title action.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 24011 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
Notwithstanding the provisions of Section 24009:
4(a) The Boards of Supervisors of Amador County,begin insert Contra Costa
5County,end insert Glenn County, Lake County, Lassen County, Madera
6County, Mendocino County, Monterey County, Napa County,
7Solano County, Sonoma County, Trinity County, Tuolumne
8County, and Ventura County may, by ordinance, provide that the
9public administrator shall be appointed by the board.
10(b) The Boards of Supervisors of Lake County, Madera County,
11Mendocino County, Napa County, Trinity County, and Tuolumne
12County may appoint the same person to the offices of public
13administrator, veteran service officer, and
public guardian. The
14Boards of Supervisors of Amador County,begin insert
Contra Costa County,end insert
15 Glenn County, Kings County, Lassen County, Monterey County,
16Solano County, Sonoma County, and Ventura County, may, by
17ordinance, appoint the same person to the offices of public
18administrator and public guardian.
19(c) The Boards of Supervisors of Amador County,begin insert Contra Costa
20County,end insert Glenn County, Lake County, Lassen County, Madera
21County, Mendocino County, Napa County, Trinity County, and
P3 1Tuolumne County may separate the consolidated offices of district
2attorney and public administrator at any time in order to make the
3appointments permitted by this section. Upon approval by the
4board of supervisors, the officer elected to these offices at any time
5may resign, or decline to qualify for, the office of public
6administrator without resigning from, or declining to qualify for,
7the
office of district attorney.
8(d) The Board of Supervisors of Ventura County may separate
9the consolidated office of public administrator from the office of
10treasurer, in order to make the appointment authorized by this
11section. Upon approval by the board of supervisors, the officer
12elected to these offices at any time may resign, or decline to qualify
13for, the office of public administrator without resigning from, or
14declining to qualify for, the office of treasurer.
The Legislature finds and declares that a special law
16is necessary and that a general law cannot be made applicable
17within the meaning of Section 16 of Article IV of the California
18Constitution because of the unique circumstances faced by Contra
19Costa County with respect to the reorganization of their county
20offices.
Section 1202.9 is added to the Penal Code, to
22read:
(a) In any case where the defendant is convicted of
24any offense enumerated in Section 115, 368, 470, 487, 530.5, or
25532f, or any other crime, in which an instrument affecting any
26right, title, or interest in real property is found to be forged or false,
27and where in furtherance of the crime an instrument that conveys
28title or encumbers real property has been filed, registered, or
29recorded against real property, the court may, upon its own motion
30or upon motion by the prosecuting attorney, pursuant to the
31procedures in subdivision (c), enter a judgment declaring the
32instrument void.
33(b) The instrument shall be deemed to be adjudged void as of
34the date on which the
crime occurred, or the date that the
35instrument was created, forged, or falsified, or the date that the
36instrument was filed, registered, or recorded, whichever date is
37earlier.
38(c) (1) Upon making the motion to void the instrument, a
39hearing date on the motion shall be set no earlier than 30 calendar
40days from the date that the motion is made.
P4 1(2) A notice regarding the motion shall be provided by personal
2service or registered mail to every person who may have an interest
3in the affected property within five days of making the motion.
4(3) The notice shall be published at least once a week for three
5successive weeks in a newspaper of general circulation in the
6county in which the affected property is
located. The notice shall
7state that any interested party may file a verified claim with the
8superior court stating the nature and amount of their claimed
9interest. The notice shall set forth the time within which a claim
10of interest in the property is required to be filed.
11(4) Any person claiming an interest in the affected property
12may, at any time within 30 calendar days from the date of the first
13publication of the notice of the motion, or within 30 days after
14receipt of the actual notice, whichever is later, file with the superior
15court of the county in which the motion is pending a verified claim
16stating the nature and amount of his or her interest in the property.
17A verified copy of the claim shall be served by the claimant on
18the prosecuting attorney and the defendant. In the alternative, a
19person claiming an interest in the
affected property may file an
20action to quiet title to the property. Upon notice of the quiet title
21action, the court may stay any decision on the motion until
22resolution of the quiet title action. In determining whether to stay
23any decision on the motion until resolution of the quiet title action,
24the court shall seek to protect the interest of any party who presents
25evidence showing that their claim to the property was based on a
26good faith belief in the legitimacy of their claim. Evidence for this
27determination may be presented by declaration or affidavit.
28(5) At the hearing, any person claiming an interest in the affected
29property may present evidence showing that their claim to the
30property was based on a good faith belief in the legitimacy of their
31claim. Where the court makes a finding that any person claiming
32an interest in the affected
party acted in good faith in securing an
33interest in the property, the court may order restitution to be paid
34by the defendant to the affected person. The amount of restitution
35shall be determined in a manner consistent with subdivision (f) of
36Section 1202.4. A person who files a claim with the California
37Victim Compensation and Government Claims Board may not
38obtain restitution pursuant to this section.
P5 1(d) Upon issuance of a judgment pursuant to this section, the
2prosecuting attorney or any affected person may record the
3judgment with the appropriate county recorder.
4(e) As used in this section, “instrument” means, but is not limited
5to, a grant deed, quitclaim deed, deed of trust, notice of default,
6notice of trustee’s sale, trustee’s deed, assignments of any kind,
7homestead
declaration, mechanic’s lien, Uniform Commercial
8Code filings, deed of reconveyance, rental agreement, lease
9agreement, easement, tax lien, or lis pendens.
10(f) Nothing in this section shall be construed as limiting a person
11claiming an interest in the affected property from pursuing any
12civil remedies that may be available regardless of whether the
13party exercised the party’s rights under paragraphs (4) and (5) of
14subdivision (c).
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