Bill Text: CA AB2003 | 2015-2016 | Regular Session | Amended
Bill Title: Unlawful detainer proceedings.
Sponsorship: Partisan Bill (Republican 3)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2003 Detail]
Download: California-2015-AB2003-Amended.html
BILL NUMBER: AB 2003 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Lackey
(Coauthors: Assembly Members Gallagher and Wagner)
FEBRUARY 16, 2016
An act to amend Section 1954 of the Civil Code, and to amend
Section 392 of, and to add Section 1168 to
to, the Code of Civil Procedure, relating to unlawful
detainer proceedings.
LEGISLATIVE COUNSEL'S DIGEST
AB 2003, as amended, Lackey. Unlawful detainer
proceedings: answers. proceedings.
Under existing law, a dwelling is deemed untenantable, as
specified, if it substantially lacks certain affirmative standard
characteristics including floors, stairways, and railings maintained
in good repair. Existing law authorizes a landlord, after giving a
tenant reasonable written notice, to enter a dwelling for certain
purposes, including to make necessary or agreed repairs, decorations,
alterations, or improvements.
This bill would also authorize a landlord to enter a dwelling to
comply with the obligation that the dwelling have certain affirmative
standard characteristics, as described above, necessary for the
dwelling to be deemed tenantable.
Existing law provides that a tenant of real
property, property for a term less than life, or
the executor of his or her estate, is guilty of unlawful detainer
if, among other things, he or she continues in possession, in person
or by subtenant, of the property or any part of the property, after
the expiration of the term for which it is let to him or her, except
as specified. Existing law requires a complaint filed in an unlawful
detainer proceeding to include certain information and requires a
defendant to answer the complaint, as specified, within 5 days of
being served with a summons and the complaint, unless the court
orders otherwise for good cause shown.
This bill would require a defendant in an unlawful detainer
action to indicate on the appropriate Judicial Council
answer form if he or she has hired an attorney to represent him or
her in the matter, and would require the defendant's attorney to
contact the plaintiff or the plaintiff's attorney within certain
timeframes. The bill would also require the defendant,
action, if he or she asserts an affirmative defense of breach
of the implied warranty of habitability, to indicate on the
appropriate Judicial Council answer form if he or she has lodged a
complaint or complaints regarding the
inhabitability uninhabitability of the
premises, premises before the filing of the action,
and would require the defendant to include specified
information about that complaint. information about
who the complaint or complaints were lodged with. The bill
would require the Judicial Council, on or before July 1, 2017, to
revise the appropriate answer form to include spaces to input the
information, as described above.
Existing law provides that the proper location for the trial of an
unlawful detainer action is the location of the court in which
unlawful detainer actions are tried that is nearest or most
accessible to where the real property that is the subject of the
action is situated.
This bill would prohibit a plaintiff or defendant in an unlawful
detainer action from requesting a change in court location if the
court location for trial of the action is the nearest to where the
real property that is the subject of the action is situated. The bill
would provide that this prohibition only applies if that court
location has been designated as a proper court location for the trial
and allows for a jury trial.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1954 of the Civil
Code is amended to read:
1954. (a) A landlord may enter the dwelling unit only in the
following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations
or improvements, to supply necessary or agreed services,
or to exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers, or
contractors or contractors, to make an
inspection pursuant to subdivision (f) of Section 1950.5.
1950.5, or to comply with Section 1941.1.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(b) Except in cases of emergency or when the tenant has abandoned
or surrendered the premises, entry may shall
not be made during other than normal business hours unless the
tenant consents to an entry during other than normal business hours
at the time of entry.
(c) The landlord may shall not abuse
the right of access or use it to harass the tenant.
(d) (1) Except as provided in subdivision (e), or as provided in
paragraph (2) or (3), the landlord shall give the tenant reasonable
notice in writing of his or her intent to enter and enter only during
normal business hours. The notice shall include the date,
approximate time, and purpose of the entry. The notice may be
personally delivered to the tenant, left with someone of a suitable
age and discretion at the premises, or, left on, near, or under the
usual entry door of the premises in a manner in which a reasonable
person would discover the notice. Twenty-four hours shall be presumed
to be reasonable notice in absence of evidence to the contrary. The
notice may be mailed to the tenant. Mailing of the notice at least
six days prior to before an intended
entry is presumed reasonable notice in the absence of evidence to the
contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally, in
person or by telephone, if the landlord or his or her agent has
notified the tenant in writing within 120 days of the oral notice
that the property is for sale and that the landlord or agent may
contact the tenant orally for the purpose described above.
Twenty-four hours is presumed reasonable notice in the absence of
evidence to the contrary. The notice shall include the date,
approximate time, and purpose of the entry. At the time of entry, the
landlord or agent shall leave written evidence of the entry inside
the unit.
(3) The tenant and the landlord may agree orally to an entry to
make agreed repairs or supply agreed services. The agreement shall
include the date and approximate time of the entry, which shall be
within one week of the agreement. In this case, the landlord is not
required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time
of entry.
(3) After the tenant has abandoned or surrendered the unit.
SEC. 2. Section 392 of the Code of
Civil Procedure is amended to read:
392. (a) Subject to the power of the court to transfer actions
and proceedings as provided in this title, the superior court in the
county where the real property that is the subject of the action, or
some part thereof, is situated, is the proper court for the trial of
the following actions:
(1) For the recovery of real property, or of an estate or interest
therein, in real property, or for the
determination in any form, of that right or interest, and for
injuries to real property.
(2) For the foreclosure of all liens and mortgages on real
property.
(b) (1) In the court designated as the
proper court in subdivision (a), the proper court location for trial
of a proceeding for an unlawful detainer, as defined
described in Section 1161, is the location where
the court tries that type of proceeding that is nearest or most
accessible to where the real property that is the subject of the
action, or some part thereof, is situated. Otherwise any location of
the superior court designated as the proper court in subdivision (a)
is a proper court location for the trial. The court may specify by
local rule the nearest or most accessible court location where the
court tries that type of case.
(2) A plaintiff or a defendant shall not request a change in court
location if the court location for trial of the proceeding for an
unlawful detainer, as described in Section 1161, is the court
location that is nearest to where the real property that is the
subject of the action, or some part thereof, is situated. This
paragraph only applies if that court location has been designated as
a proper court location for the trial and allows for a jury trial.
SECTION 1. SEC. 3. Section 1168 is
added to the Code of Civil Procedure, to read:
1168. (a) The defendant shall indicate on the appropriate
Judicial Council answer form if he or she has hired an attorney to
represent him or her in the matter. If the defendant has hired an
attorney to represent him or her in the matter, the attorney shall
contact the plaintiff or his or her attorney within three days of the
tenant filing the answer or, if the attorney is hired after the
answer was filed, within 24 hours of being hired by the tenant.
(b)
1168. If the defendant asserts an affirmative defense
of breach of the implied warranty of habitability, the defendant
shall indicate on the appropriate Judicial Council answer form if he
or she has lodged a complaint or complaints regarding the
inhabitability uninhabitability of the
premises. premises before the filing of the
action. If the defendant has lodged a complaint or
complaints regarding the inhabitability
uninhabitability of the premises,
premises before the filing of the action, he or she shall
include on the appropriate Judicial Council answer form all
of the following information :
(1) The nature of the complaint.
(2) If the complaint was made orally or in writing.
(3) The person or entity with whom the complaint was lodged, if
known.
(4) The approximate date the complaint was lodged.
(5) The action, if any, taken by the plaintiff in response to the
complaint.
(a) Whether the complaint or complaints were lodged with the
plaintiff or the plaintiff's agent in charge of managing the
premises.
(b) Whether the complaint or complaints were lodged with a city or
county department, and, if so, which city or county department.
SEC. 2. SEC. 4. On or before July 1,
2017, the Judicial Council shall revise the "Answer-Unlawful Detainer"
form to include spaces to input the information required by Section
1 3 of this act.
