Bill Text: CA AB3364 | 2019-2020 | Regular Session | Amended
Bill Title: Judiciary omnibus.
Spectrum: Committee Bill
Status: (Passed) 2020-08-31 - Chaptered by Secretary of State - Chapter 36, Statutes of 2020. [AB3364 Detail]
Download: California-2019-AB3364-Amended.html
Amended
IN
Senate
August 03, 2020 |
Amended
IN
Senate
July 09, 2020 |
Amended
IN
Assembly
May 04, 2020 |
Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Chau, Chiu, Holden, Kalra, and Reyes) |
March 05, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
(13)
(14)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6070.5 of the Business and Professions Code is amended to read:6070.5.
(a) The State Bar shall adopt regulations to require, as of January 1, 2022, that the mandatory continuing legal education (MCLE) curriculum for all licensees under this chapter includes training on implicit bias and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. A licensee shall meet the requirements of this section for each MCLE compliance period ending after January 31, 2022.SEC. 2.
Section 21701 of the Business and Professions Code, as amended by Section 1 of Chapter 227 of the Statutes of 2017, is amended to read:21701.
For the purposes of this chapter, the following terms shall have the following meanings:SEC. 3.
Section 21701 of the Business and Professions Code, as added by Section 2 of Chapter 227 of the Statutes of 2017, is amended to read:21701.
For the purposes of this chapter, the following terms shall have the following meanings:SEC. 4.
Section 21703 of the Business and Professions Code, as amended by Section 3 of Chapter 227 of the Statutes of 2017, is amended to read:21703.
If any part of the rent or other charges due from an occupant remain unpaid for 14 consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a notice to the occupant’s last known address and to the alternative address specified in subdivision (b) of Section 21712. The notice shall be sent by certified mail, postage prepaid, by regular first-class mail if the owner obtains a certificate of mailing indicating the date the notice was mailed, or by email pursuant to subdivision (c) of Section 21712. The notice shall contain all of the following:SEC. 5.
Section 21703 of the Business and Professions Code, as added by Section 4 of Chapter 227 of the Statutes of 2017, is amended to read:21703.
If any part of the rent or other charges due from an occupant remain unpaid for 14 consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a notice to the occupant’s last known address and to the alternative address specified in subdivision (b) of Section 21712. The notice shall be sent by certified mail, postage prepaid, or by regular first-class mail if the owner obtains a certificate of mailing indicating the date the notice was mailed. The notice shall contain all of the following:SEC. 6.
Section 21705 of the Business and Professions Code, as amended by Section 5 of Chapter 227 of the Statutes of 2017, is amended to read:21705.
(a) If the notice has been sent as required by Section 21703 and the total sum due has not been paid by the termination date specified in the preliminary lien notice, the lien imposed by this chapter attaches as of that date and the owner may do all of the following:“DECLARATION IN OPPOSITION TO LIEN SALE |
You must complete all sections of this declaration. If the owner cannot contact or serve you at the physical address and telephone number that you provide below, this declaration shall be void and the owner may sell your stored property. |
I,
_____
(occupant’s name)
_____
, have received the notice of lien sale |
of the property stored at
_____
(location and space #)
_____
. |
I oppose the lien sale of the property, because (provide a brief
explanation of the reason the owner’s lien may not be valid. For example, “I have paid my rent and other charges in full”): |
My current address and telephone number are: |
(physical address) |
(city) |
(state) |
(ZIP Code) |
(telephone number) |
I understand that the lienholder may file an action against me in any court of competent jurisdiction, including small claims court, at the address provided above, and if a judgment is given in his or her favor, I may be liable for the court costs. I also understand that this declaration is not valid if (a) the address provided in this declaration is not my current address or (b) I change my address at any time prior to service of an action on the lien and I do not provide the owner the address within 10 days of the change. |
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was signed by me on
_____
(date)
_____
at
_____
(place)
_____
. |
(signature of occupant). Return this declaration to: (self-service storage facility address)” |
SEC. 7.
Section 21705 of the Business and Professions Code, as added by Section 6 of Chapter 227 of the Statutes of 2017, is amended to read:21705.
(a) If the notice has been sent as required by Section 21703 and the total sum due has not been paid within 14 days of the termination date specified in the preliminary lien notice, the lien imposed by this chapter attaches as of that date and the owner may do all of the following:“DECLARATION IN OPPOSITION TO LIEN SALE |
You must complete all sections of this declaration. If the owner cannot contact or serve you at the physical address and telephone number that you provide below, this declaration shall be void and the owner may sell your stored property. |
I,
_____
(occupant’s name)
_____
, have received the notice of lien sale |
of the property stored at
_____
(location and space #)
_____
. |
I oppose the lien sale of the property, because (provide a brief explanation of the reason
the owner’s lien may not be valid. For example, “I have paid my rent and other charges in full”): |
My current address and telephone number are: |
(physical address) |
(city) |
(state) |
(ZIP Code) |
(telephone number) |
I understand that the
lienholder may file an action against me in any court of competent jurisdiction, including small claims court, at the address provided above, and if a judgment is given in his or her favor, I may be liable for the court costs. I also understand that this declaration is not valid if (a) the address provided in this declaration is not my current address or (b) I change my address at any time prior to service of an action on the lien and I do not provide the owner the address within 10 days of the change. |
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was signed by me on
_____
(date)
_____
at
_____
(place)
_____
. |
(signature of
occupant). Return this declaration to: (self-service storage facility address)” |
SEC. 8.
Section 21712 of the Business and Professions Code, as amended by Section 8 of Chapter 227 of the Statutes of 2017, is amended to read:21712.
(a) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement that the occupant’s property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days and that(D)
SEC. 9.
Section 21712 of the Business and Professions Code, as added by Section 9 of Chapter 227 of the Statutes of 2017, is repealed.(a)Each contract
for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement that the occupant’s property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days and that such actions are authorized by this chapter.
(b)The provisions of this chapter shall not apply, and the lien authorized by this chapter shall not attach, unless the rental agreement requests, and provides space for, the occupant to give the name and address of another person to whom the preliminary lien notice and subsequent notices required to be given under this chapter may be sent. Notices sent pursuant to Section 21703 or Section 21705 shall be sent to the occupant’s address and the alternative address, if both addresses are provided by
the occupant. Failure of an occupant to provide an alternative address shall not affect an owner’s remedies under this chapter or under any other provision of law.
(c)This section shall become operative on January 1, 2021.
SEC. 10.
Section 21712 is added to the Business and Professions Code, to read:21712.
(a) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement that the occupant’s property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for 14 consecutive days and that those actions are authorized by this chapter.SEC. 2.SEC. 11.
Section 55.32 of the Civil Code is amended to read:55.32.
(a) An attorney who provides a demand letter, as defined in subdivision (a) of Section 55.3, shall do all of the following:SEC. 3.SEC. 12.
Section 1102.19 of the Civil Code is amended to read:1102.19.
(a) On and after July 1, 2021, a seller of a real property subject to this article that is located in a high or very high fire hazard severity zone, as identified by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, shall provide to the buyer documentation stating that the property is in compliance with Section 4291 of the Public Resources Code or local vegetation management ordinances, as follows:SEC. 4.SEC. 13.
Section 1788.18 of the Civil Code is amended to read:1788.18.
(a) Upon receipt from a debtor of all of the following, a debt collector shall cease collection activities until completion of the review provided in subdivision (d):“I certify the representations made are true, correct, and contain no material omissions of fact. | |
_____
(Date and Place)
_____
_____
(Signature)
_____
” |
SEC. 5.SEC. 14.
Section 2924.8 is added to the Civil Code, to read:2924.8.
(a) Upon posting a notice of sale pursuant to Section 2924f, a trustee or authorized agent shall also post the following notice, in the manner required for posting the notice of sale on the property to be sold, and a mortgagee, trustee, beneficiary, or authorized agent, concurrently with the mailing of the notice of sale pursuant to Section 2924b, shall send by first-class mail in an envelope addressed to the “Resident of property subject to foreclosure sale” the following notice in English and the languages described in Section 1632:SEC. 15.
Section 430.41 of the Code of Civil Procedure is amended to read:430.41.
(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.(h)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 16.
Section 435.5 of the Code of Civil Procedure is amended to read:435.5.
(a) Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading.(h)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2021, deletes or extends that date.
SEC. 17.
Section 439 of the Code of Civil Procedure is amended to read:439.
(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading.(h)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2021, deletes or extends that date.
SEC. 18.
Section 472 of the Code of Civil Procedure, as added by Section 3 of Chapter 418 of the Statutes of 2015, is repealed.(a)Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment.
(b)This section shall become operative on January 1, 2021.
SEC. 19.
Section 472 of the Code of Civil Procedure, as amended by Section 3 of Chapter 273 of the Statutes of 2017, is amended to read:472.
(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.(c)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 20.
Section 472a of the Code of Civil Procedure, as amended by Section 4 of Chapter 418 of the Statutes of 2015, is amended to read:472a.
(a) A demurrer is not waived by an answer filed at the same time.(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 21.
Section 472a of the Code of Civil Procedure, as amended by Section 23 of Chapter 86 of the Statutes of 2016, is repealed.(a)A demurrer is not waived by an answer filed at the same time.
(b)Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and an answer is not filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20.
(c)If a demurrer is sustained, the court
may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and no answer is filed, the court shall allow an answer to be filed on terms that are just.
(d)If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.
(e)If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed.
(f)This section shall become
operative on January 1, 2021.
SEC. 6.SEC. 22.
Section 673 of the Code of Civil Procedure is amended to read:673.
(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.SEC. 7.SEC. 23.
Section 681.020 of the Code of Civil Procedure is amended to read:681.020.
An assignee of a judgment is not entitled to enforce the judgment under this title unless an acknowledgment of assignment of judgment to that assignee has been filed or the assignee has otherwise become an assignee of record under Section 673.SEC. 8.SEC. 24.
Section 708.150 of the Code of Civil Procedure is amended to read:708.150.
(a) If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who are familiar with its property and debts.SEC. 9.SEC. 25.
Section 1161.2 of the Code of Civil Procedure is amended to read:1161.2.
(a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows:SEC. 10.SEC. 26.
Section 1540 of the Code of Civil Procedure is amended to read:1540.
(a) Any person, excluding another state, who claims to have been the owner, as defined in subdivision (d), of property paid or delivered to the Controller under this chapter may file a claim to the property or to the net proceeds from its sale. The claim shall be on a form prescribed by the Controller and shall be verified by the claimant.SEC. 27.
Section 510 of the Family Code is amended to read:510.
(a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county clerk, or deemed unacceptable for registration by the county clerk, the person solemnizing the marriage, in order to comply with Section 506, shall obtain a duplicate marriage license by filing an affidavit setting forth the facts with the county clerk of the county in which the license was issued.SEC. 28.
Section 4055 of the Family Code, as amended by Section 1 of Chapter 730 of the Statutes of 2017, is amended to read:4055.
(a) The statewide uniform guideline for determining child support orders is as follows: CS = K[HN - (H%)(TN)].Total Net Disposable Income Per Month | K |
$0–800 | 0.20 + TN/16,000 |
$801–6,666 | 0.25 |
$6,667–10,000 | 0.10 + 1,000/TN |
Over $10,000 | 0.12 + 800/TN |
2 children | 1.6 |
3 children | 2 |
4 children | 2.3 |
5 children | 2.5 |
6 children | 2.625 |
7 children | 2.75 |
8 children | 2.813 |
9 children | 2.844 |
10 children | 2.86 |
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 29.
Section 4055 of the Family Code, as amended by Section 2 of Chapter 730 of the Statutes of 2017, is repealed.(a)The statewide uniform guideline for determining child support orders is as follows: CS = K[HN - (H%)(TN)].
(b)(1)The components of the formula are as follows:
(A)CS = child support amount.
(B)K = amount of both parents’ income to be allocated for child support as set forth in paragraph (3).
(C)HN = high earner’s net monthly disposable income.
(D)H% = approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared
to the other parent. In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
(E)TN = total net monthly disposable income of both parties.
(2)To compute net disposable income, see Section 4059.
(3)K (amount of both parents’ income allocated for child support) equals one plus H% (if H% is less than or equal to 50 percent) or two minus H% (if H% is greater than 50 percent) times the following fraction:
Total Net Disposable | K |
$0–800 | 0.20 + TN/16,000 |
$801–6,666 | 0.25 |
$6,667–10,000 | 0.10 + 1,000/TN |
Over $10,000 | 0.12 + 800/TN |
For example, if H% equals 20 percent and the total monthly net disposable income of the parents is $1,000, K = (1 + 0.20) × 0.25, or 0.30. If H% equals 80 percent and the total monthly net disposable income of the parents is $1,000, K = (2 - 0.80) × 0.25, or 0.30.
(4)For more than one child, multiply CS by:
2 children | 1.6 |
3 children | 2 |
4 children | 2.3 |
5 children | 2.5 |
6 children | 2.625 |
7 children | 2.75 |
8 children | 2.813 |
9 children | 2.844 |
10 children | 2.86 |
(5)If the amount calculated under the formula results in a positive number, the higher earner shall pay that amount to the lower earner. If the amount calculated under the formula results in a negative number, the lower earner shall pay the absolute value of that amount to the higher earner.
(6)In any default proceeding where proof is by affidavit
pursuant to Section 2336, or in any proceeding for child support in which a party fails to appear after being duly noticed, H% shall be set at zero in the formula if the noncustodial parent is the higher earner or at 100 if the custodial parent is the higher earner, where there is no evidence presented demonstrating the percentage of time that the noncustodial parent has primary physical responsibility for the children. H% shall not be set as described above if the moving party in a default proceeding is the noncustodial parent or if the party who fails to appear after being duly noticed is the custodial parent. A statement by the party who is not in default as to the percentage of time that the noncustodial parent has primary physical responsibility for the children shall be deemed sufficient evidence.
(7)In all cases in which the net disposable income per month of the obligor is less than one thousand dollars ($1,000), there shall be a
rebuttable presumption that the obligor is entitled to a low-income adjustment. The presumption may be rebutted by evidence showing that the application of the low-income adjustment would be unjust and inappropriate in the particular case. In determining whether the presumption is rebutted, the court shall consider the principles provided in Section 4053, and the impact of the contemplated adjustment on the respective net incomes of the obligor and the obligee. The low-income adjustment shall reduce the child support amount otherwise determined under this section by an amount that is no greater than the amount calculated by multiplying the child support amount otherwise determined under this section by a fraction, the numerator of which is 1,000 minus the obligor’s net disposable income per month, and the denominator of which is 1,000.
(8)Unless the court orders otherwise, the order for child support shall allocate the support amount so that
the amount of support for the youngest child is the amount of support for one child, and the amount for the next youngest child is the difference between that amount and the amount for two children, with similar allocations for additional children. However, this paragraph does not apply to cases in which there are different time-sharing arrangements for different children or where the court determines that the allocation would be inappropriate in the particular case.
(c)If a court uses a computer to calculate the child support order, the computer program shall not automatically default affirmatively or negatively on whether a low-income adjustment is to be applied. If the low-income adjustment is applied, the computer program shall not provide the amount of the low-income adjustment. Instead, the computer program shall ask the user whether or not to apply the low-income adjustment, and if answered affirmatively, the computer program shall
provide the range of the adjustment permitted by paragraph (7) of subdivision (b).
(d)This section shall become operative on January 1, 2021.
SEC. 30.
Section 17212 of the Family Code is amended to read:17212.
(a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and spousal support enforcement program, by ensuring the confidentiality of support enforcement and child abduction records, and to thereby encourage the full and frank disclosure of information relevant to all of the following:SEC. 11.SEC. 31.
Section 5650.1 of the Fish and Game Code is amended to read:5650.1.
(a) A person who violates Section 5650 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.SEC. 12.SEC. 32.
Section 12921 of the Government Code is amended to read:12921.
(a) The opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status is hereby recognized as and declared to be a civil right.SEC. 13.SEC. 33.
Section 12926 of the Government Code is amended to read:12926.
As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:SEC. 14.SEC. 34.
Section 12940 of the Government Code is amended to read:12940.
It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:SEC. 15.SEC. 35.
Section 14985.8 of the Government Code is amended to read:14985.8.
The commission shall compile the following data with respect to any demand letter or complaint sent to the commission pursuant to Section 55.32 of the Civil Code and post the information on its internet website pursuant to the following:SEC. 16.SEC. 36.
Section 15642 of the Probate Code is amended to read:15642.
(a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under Section 17200.“CERTIFICATE OF INDEPENDENT REVIEW | |
I,
_____
(attorney’s name)
_____
, have reviewed | |
_____
(name of instrument)
_____
and have counseled my client, | |
_____
(name of client)
_____
, fully and privately on the nature
and | |
legal effect of the designation as trustee of
_____
(name of trustee)
_____
| |
contained in that instrument. I am so disassociated from the interest of the person named as trustee as to be in a position to advise my client impartially and confidentially as to the consequences of the designation. On the basis of this counsel, I conclude that the designation of a person who would otherwise be subject to removal under paragraph (6) of subdivision (b) of Section 15642 of the Probate Code is clearly the settlor’s intent and thatintent is not the product of fraud, menace, duress, or undue influence. | |
_____
(Name of Attorney)
_____
(Date) ” |