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 20, 2020 |
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
(9)Existing law makes it unlawful to deposit, permit to pass, or place where it can pass, specified pollutants into the waters of this state, including petroleum, acid, coal, or tar. Existing law makes a violation of those provisions subject to a
civil penalty of $25,000 for each violation, and requires the civil action to be brought by the Attorney General upon complaint by the Department of Fish and Wildlife or by the district attorney or city attorney in the name of the people of the State of California.
This bill would also authorize the Attorney General to bring a civil action under their own authority in the name of the people of the State of California, and would specify the Attorney General should notify the Department of Fish and Wildlife.
(10)
(11)
(14)Existing
(15)
(16)Existing
(17)Existing
(18)
(19)
(20)Existing
(21)
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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 those actions are authorized by this chapter.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.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. 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. 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. 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. 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.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.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.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.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.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.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.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. 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. 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. 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. 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 |
SEC. 29.
Section 4055 of the Family Code, as amended by Section 2 of Chapter 730 of the Statutes of 2017, is repealed.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:(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.
(b)The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law, except as provided in subdivision (j).
(c)In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance,
extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the discharge, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of any civil penalty on the ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and any other matters the court determines justice may require.
(d)(1)Every civil action brought under this section shall be brought by the Attorney General upon complaint by the department, or by the district attorney or city attorney in the name of the people of the State of
California, and any actions relating to the same violation may be joined or consolidated.
(2)The Attorney General may bring a civil action under this section upon their own authority in the name of the people of the State of California. The Attorney General should notify the department before bringing a civil action under this section.
(e)In a civil action brought pursuant to this chapter in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the temporary restraining order, preliminary injunction, or permanent injunction is not issued, or that the remedy at law is inadequate.
(f)After the party seeking the injunction has met its burden of proof, the court shall determine whether to issue a temporary restraining order, preliminary injunction, or permanent injunction without requiring the defendant to prove that it will suffer grave or irreparable harm. The court shall make the determination whether to issue a temporary restraining order, preliminary injunction, or permanent injunction by taking into consideration, among other things, the nature, circumstance, extent, and gravity of the violation, the quantity and characteristics of the substance or material involved, the extent of environmental harm caused by the violation, measures taken by the defendant to remedy the violation, the relative likelihood that the material or substance involved may pass into waters of the state, and the harm likely to be caused to the defendant.
(g)The court, to the maximum extent possible, shall tailor a temporary restraining order, preliminary injunction, or permanent injunction narrowly to address the violation in a manner that will otherwise allow the defendant to continue business operations in a lawful manner.
(h)All civil penalties collected pursuant to this section shall not be considered fines or forfeitures as defined in Section 13003 and shall be apportioned in the following manner:
(1)Fifty percent shall be distributed to the county treasurer of the county in which the action is prosecuted. Amounts paid to the county treasurer shall be deposited in the county fish and wildlife propagation fund established pursuant to Section 13100.
(2)Fifty percent shall be distributed to the department for deposit in the Fish and Game Preservation Fund. These funds may be expended to cover the costs of legal actions or for any other law enforcement purpose consistent with Section 9 of Article XVI of the California Constitution.
(i)Except as provided in subdivision (j), in addition to any other penalty provided by law, a person who violates Section 5650 is subject to a civil penalty of not more than ten dollars ($10) for each gallon or pound of material discharged. The total amount of the civil penalty shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.
(j)A
person shall not be subject to a civil penalty imposed under this section and to a civil penalty imposed pursuant to Article 9 (commencing with Section 8670.57) of Chapter 7.4 of Division 1 of Title 2 of the Government Code for the same act or failure to act.
SEC. 32.SEC. 31.
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. 33.SEC. 32.
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. 34.SEC. 33.
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. 35.SEC. 34.
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. 35.
Section 1320.24 of the Penal Code is amended to read:1320.24.
(a) The Judicial Council shall adopt California Rules of Court and forms, as needed, to do all of the following:SEC. 36.
Section 1320.26 of the Penal Code, as added by Section 4 of Chapter 244 of the Statutes of 2018, is amended to read:1320.26.
(a) The courts shall establish pretrial assessment services. The services may be performed by court employees or the court may contract for those services with a qualified local public agency with relevant experience.SEC. 37.
Section 1320.26 of the Penal Code, as amended by Section 2 of Chapter 980 of the Statutes of 2018, is amended to read:1320.26.
(a) The courts shall establish pretrial assessment services. The services may be performed by court employees or the court may contract for those services with a qualified local public agency with relevant experience.SEC. 38.
Section 1320.30 of the Penal Code is amended to read:1320.30.
(a) Upon appropriation by the Legislature, the Board of State and Community Corrections shall contract with an academic institution, public policy center, or other research entity for an independent evaluation of the act that enacted this section, particularly of the impact of the act by race, ethnicity, gender, and income level. This evaluation shall be submitted to the Secretary of the State Senate and the Chief Clerk of the State Assembly by no later than January 1,SEC. 39.
Section 1320.32 of the Penal Code is amended to read:1320.32.
Commencing October 1,SEC. 40.
Section 1320.33 of the Penal Code is amended to read:1320.33.
(a) Defendants released on bail before October 1,SEC. 41.
Section 1320.34 of the Penal Code is amended to read:1320.34.
This chapter shall become operative on October 1,SEC. 42.
Section 1320.35 of the Penal Code is amended to read:1320.35.
(a) It is the intent of the Legislature in enacting this section to understand and reduce biases based on gender, income level, race, or ethnicity in pretrial release decisionmaking.SEC. 36.SEC. 43.
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 | |
_____
(Name of Attorney)
_____
(Date) ” |