BILL NUMBER: AB 2312 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 18, 2016
An act to add Section 1167.2 to the Code of Civil Procedure,
relating to unlawful detainer.
LEGISLATIVE COUNSEL'S DIGEST
AB 2312, as amended, Gatto. Unlawful detainer: procedure.
payment of rent f unds.
Under existing law, a tenant of real property, for a term less
than life, or the executor or administrator of his or her estate, is
guilty of unlawful detainer when he or she continues in possession
of the property , in person or by subtenant, of
the property or any party of the property, after the expiration of
the term for which it is let to him or her, except as specified.
without the permission of his or her landlord, or the
successor in estate of his or her landlord, after default in the
payment of rent pursuant to the lease or agreement under which the
property is held, as specified.
If the defendant appears in an unlawful detainer action, existing
law requires that the trial of the proceeding be held not later than
the 20th day following the date that the request to set the time of
the trial is made. If the trial is not held within that time,
existing law requires the court, upon finding that there is a
reasonable probability that the plaintiff will prevail, to determine
the amount of damages, if any, to be suffered by the plaintiff by
reason of the extension, and to issue an order requiring the
defendant to pay that amount to the court as the rent would otherwise
become due and payable for so long as the defendant remains in
possession pending the termination of the action.
This bill would state the intent of the Legislature to
enact legislation to mitigate the delays and losses in the current
unlawful detainer process. , in an unlawful
detainer action described above, require a defendant who is
represented by an attorney to deliver rent funds, as defined, to his
or her attorney each month after the summons and complaint have been
filed, as specified, until the plaintiff regains possession of the
property or the court enters judgment in favor of the defendant. The
bill would also require the defendant's attorney to deposit the rent
funds into a trust account and to send a letter confirming receipt of
the rent funds to the plaintiff or plaintiff's counsel within 4 days
of receipt of the rent funds. The bill would further require the
defendant's attorney to release the rent funds as directed by the
court or pursuant to a written agreement between the parties.
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 1167.2 is added to the
Code of Civil Procedure , to read:
1167.2. (a) If a defendant is represented by an attorney in an
action for unlawful detainer brought under subdivision (2) of Section
1161 in which the plaintiff is seeking past due rent from a
defendant who is in possession, the defendant shall deliver an amount
equal to the monthly rent to his or her attorney each month after
the filing of the summons and complaint as the rent would otherwise
become due and payable under the lease or rental agreement until one
of the following conditions is satisfied:
(1) The plaintiff regains possession of the property.
(2) The court enters judgment in favor of the defendant in the
unlawful detainer action.
(b) An attorney who receives rent pursuant to this section shall
do all of the following:
(1) Deposit all rent received from the defendant pursuant to
subdivision (a) into a trust account separate from the attorney's own
funds.
(2) Within four days of receipt of the rent, send a letter to the
plaintiff, or his or her counsel, confirming receipt of the rent.
(3) Release the rent as directed by the court or pursuant to a
written agreement between the parties.
SECTION 1. It is the intent of the Legislature
to enact legislation to mitigate the delays and losses in the current
unlawful detainer process.