BILL NUMBER: AB 2310 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Members Ridley-Thomas and Dickinson
FEBRUARY 21, 2014
An act to add and repeal Section 3485 of the Civil Code, relating
to unlawful detainer, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2310, as amended, Ridley-Thomas. Unlawful detainer: nuisance:
unlawful weapons and ammunition.
(1) Existing law defines a nuisance and includes within this
definition anything which is injurious to health, including the
illegal sale of controlled substances. Existing law provides that a
tenant who permits a nuisance to be maintained on leased property is
guilty of unlawful detainer and may be evicted. Until January 1,
2014, the law authorized a city prosecutor or city attorney to file,
in the name of the people, an action for unlawful detainer to abate
the nuisance caused by illegal conduct involving unlawful weapons or
ammunition on real property, as specified.
This bill would, until January 1, 2019, reenact provisions
authorizing a city prosecutor or city attorney in specified counties
to file an action for unlawful detainer to abate a nuisance caused by
illegal conduct involving an unlawful weapons or ammunition
described above. The bill would require the action to be based on an
arrest report or other report, as specified. The
bill would require, prior to filing an action
action, specified notice to be provided to the
owner of the property, requiring the removal of the person is
violating specified law, and would require notices to be served on
both tenant and owner. The bill would require the owner to provide,
within 30 calendar days of the mailing of the notice, all relevant
information pertaining to the unlawful detainer case, or provide a
written explanation regarding safety-related reasons for
noncompliance, and an assignment of the right to bring an unlawful
detainer action against the tenant. The bill would require the
assignment to be on a form provided by the city prosecutor or city
attorney and authorize it to contain a provision for costs of
investigation, discovery, and reasonable attorney's fees, not to
exceed $600. The bill would permit joinder of the owner if the owner
fails to respond, as specified, would give the case priority over
similar proceedings, and would authorize an award of specified costs
and fees. The bill would prohibit an unlawful detainer action
pursuant to these provisions if the harm to the tenant clearly
outweighs the benefit to the community.
Among other things, the bill would permit a court to order a
partial eviction, as specified, and would define "unlawful weapons or
ammunition purpose" for these purposes. The bill would impose
reporting requirements regarding the implementation of these programs
upon the city attorney and city prosecutor of the participating
jurisdictions and would require the California Research Bureau to
create a template for these local officials to submit information to
the bureau, and the bureau in turn, would submit a report to the
Senate and Assembly Committees on Judiciary, as specified,
summarizing the information collected and evaluating the merits of
the programs established. The bill would require these
jurisdictions to make a good faith effort to comply with the
reporting requirements in order to bring unlawful detainer actions
pursuant to these provisions. The bill would apply to the
Counties of Alameda, Los Angeles
Angeles, and Sacramento. By imposing new reporting requirements
on local officials, this bill would create a state-mandated local
program.
(2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Counties of
Alameda, Los Angeles Angeles, and
Sacramento.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3485 is added to the Civil Code, to read:
3485. (a) To abate the nuisance caused by illegal conduct
involving an unlawful weapons or ammunition on real property, the
city prosecutor or city attorney may file, in the name of the people,
an action for unlawful detainer against any person who is in
violation of the nuisance or illegal purpose provisions of
subdivision 4 of Section 1161 of the Code of Civil Procedure, with
respect to that unlawful weapons or ammunition purpose. In filing
this action, which shall be based upon an arrest report or
other report by a law enforcement agency, reporting an
offense committed on the property and documented by the observations
of a police officer, the city prosecutor or city attorney shall
utilize the procedures set forth in Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure,
except that in cases filed under this section, the following also
shall apply:
(1) (A) Prior to filing an action pursuant to this section, the
city prosecutor or city attorney shall give 30 calendar days' written
notice to the owner, requiring the owner to file an action for the
removal of the person who is in violation of the nuisance or illegal
purpose provisions of subdivision 4 of Section 1161 of the Code of
Civil Procedure with respect to an unlawful weapons or ammunition
purpose.
(B) This notice shall include sufficient documentation
establishing a violation of the nuisance or illegal purpose
provisions of subdivision 4 of Section 1161 of the Code of Civil
Procedure and an advisement to the owner of the assignment provision
contained in subparagraph (D). The notice shall be served upon the
owner and the tenant in accordance with subdivision (e).
(C) The notice to the tenant shall, in at least 14-point bold
type, meet the following requirements:
(i) The notice shall contain the following language:
"(Date)
(Name of tenant)
(Address of tenant)
Re: Civil Code Section 3485
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be
filed in court against you for suspected firearms activity. According
to state law, Civil Code Section 3485 provides for eviction of
persons engaging in such conduct, as described below.
(Name of police department) records indicate that you, (name of
arrestee), were arrested on (date) for violations of (list
violations) on (address of property).
A letter has been sent to the property owner(s) advising of your
arrest and the requirements of state law, as well as the landlord's
option to assign the unlawful detainer action to the (name of city
attorney or prosecutor's office).
A list of legal assistance providers is provided below. Please
note, this list is not exclusive and is provided for your information
only; the (name of city attorney or prosecutor's office) does not
endorse or recommend any of the listed agencies.
Sincerely,
(Name of deputy city attorney or city prosecutor)
Deputy City (Attorney or Prosecutor)
Notice to Tenant: This notice is not a notice of eviction. You
should call (name of the city attorney or prosecutor pursuing the
action) at (telephone number) or a legal assistance provider to stop
the eviction action if any of the following is applicable:
(1) You are not the person named in this notice.
(2) The person named in the notice does not live with you.
(3) The person named in the notice has permanently moved.
(4) You do not know the person named in the notice.
(5) You want to request that only the person involved in the
nuisance be evicted, allowing the other residents to stay.
(6) You have any other legal defense or legal reason to stop the
eviction action. A list of legal assistance providers is attached to
this notice. Some provide free legal assistance if you are eligible."
(ii) The notice shall be provided to the tenant in English and, as
translated, in all of the languages identified in subdivision (b) of
Section 1632 of the Civil Code.
(D) The owner shall, within 30 calendar days of the mailing of the
written notice, either provide the city prosecutor or city attorney
with all relevant information pertaining to the unlawful detainer
case, or provide a written explanation setting forth any
safety-related reasons for noncompliance, and an assignment to the
city prosecutor or city attorney of the right to bring an unlawful
detainer action against the tenant.
(E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs of
investigation, discovery, and reasonable attorney's fees, in an
amount not to exceed six hundred dollars ($600). An owner shall
only be requir ed to pay the costs or fees upon acceptance
of the assignment and the filing of the action for unlawful detainer
by the city prosecutor or the city attorney.
(F) If the city prosecutor or city attorney accepts the assignment
of the right of the owner to bring the unlawful detainer action, the
owner shall retain all other rights and duties, including the
handling of the tenant's personal property, following issuance of the
writ of possession and its delivery to and execution by the
appropriate agency.
(2) Upon the failure of the owner to file an action pursuant to
this section, or to respond to the city prosecutor or city attorney
as provided in paragraph (1), or having filed an action, if the owner
fails to prosecute it diligently and in good faith, the city
prosecutor or city attorney may file and prosecute the action, and
join the owner as a defendant in the action. This action shall have
precedence over any similar proceeding thereafter brought by the
owner, or to one previously brought by the owner and not prosecuted
diligently and in good faith. Service of the summons and complaint
upon the defendant owner shall be in accordance with Sections 415.10,
415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure.
(3) If a jury or court finds the defendant tenant guilty of
unlawful detainer in a case filed pursuant to paragraph (2), the city
prosecutor or city attorney may be awarded costs, including the
costs of investigation and discovery and reasonable attorney's fees.
These costs shall be assessed against the defendant owner, to whom
notice was directed pursuant to paragraph (1), and once an abstract
of judgment is recorded, it shall constitute a lien on the subject
real property.
(4) This section shall not prevent a local governing body from
adopting and enforcing laws, consistent with this section, relating
to weapons or ammunition abatement. If local laws duplicate or
supplement this section, this section shall be construed as providing
alternative remedies and not preempting the field.
(5) This section shall not prevent a tenant from receiving relief
against a forfeiture of a lease pursuant to Section 1179 of the Code
of Civil Procedure.
(6) A city prosecutor or city attorney shall not file an unlawful
detainer action against a person pursuant to this section if the harm
that the action would cause to that person clearly outweighs the
benefits to the community.
(b) In any proceeding brought under this section, the court may,
upon a showing of good cause, issue a partial eviction ordering the
removal of any person, including, but not limited to, members of the
tenant's household if the court finds that the person has engaged in
the activities described in subdivision (a). Persons removed pursuant
to this section may be permanently barred from returning to or
reentering any portion of the entire premises. The court may further
order as an express condition of the tenancy that the remaining
tenants shall not give permission to or invite any person who has
been removed pursuant to this subdivision to return to or reenter any
portion of the entire premises.
(c) For purposes of this section, "unlawful weapons or ammunition
purpose" means the illegal use, manufacture, causing to be
manufactured, importation, possession, possession for sale, sale,
furnishing, or giving away of any of the following:
(1) A firearm, as defined in subdivision (a) of Section 16520 of
the Penal Code.
(2) Any ammunition, as defined in subdivision (b) of Section 16150
of the Penal Code or in Section 16650 or 16660 of the Penal Code.
(3) Any assault weapon, as defined in Section 30510 or 30515 of
the Penal Code.
(4) Any .50 BMG rifle, as defined in Section 30530 of the Penal
Code.
(5) Any tear gas weapon, as defined in Section 17250 of the Penal
Code.
(d) Notwithstanding subdivision (b) of Section 68097.2 of the
Government Code, a public entity may waive all or part of the costs
incurred in furnishing the testimony of a peace officer in an
unlawful detainer action brought pursuant to this section.
(e) The notice and documentation described in paragraph (1) of
subdivision (a) shall be given in writing and may be given either by
personal delivery or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner at the address
known to the public entity giving the notice, or as shown on the last
equalized assessment roll, if not known. Separate notice of not less
than 30 calendar days and documentation shall be provided to the
tenant in accordance with this subdivision. Service by mail shall be
deemed to be completed at the time of deposit in the United States
mail. Proof of giving the notice may be made by a declaration signed
under penalty of perjury by any employee of the public entity which
shows service in conformity with this section.
(f) This section shall apply only to the following courts:
(1) In the County of Los Angeles, any court having jurisdiction
over unlawful detainer cases involving real property situated in the
City of Los Angeles or the City of Long Beach.
(2) In the County of Sacramento, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Sacramento.
(3) In the County of Alameda, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Oakland.
(g) (1) In a template provided by the California Research Bureau,
the city attorney and city prosecutor of each participating
jurisdiction shall provide to the California Research Bureau the
following information:
(A) The number of notices provided pursuant to paragraph (1) of
subdivision (a).
(B) For each notice provided pursuant to paragraph (1) of
subdivision (a), the following information:
(i) The name and age, as provided by the landlord, of each person
residing at the noticed address.
(ii) The racial or ethnic identity of the tenant against whom the
unlawful detainer is sought.
(ii)
(iii) Whether the person has previously received a
notice pursuant to this section from the reporting city attorney or
city prosecutor, and if so, whether the tenant vacated or was evicted
as a result.
(iii)
(iv) The date the initial notice was issued.
(C) Whether the tenant has previously been arrested (other than an
arrest that is the basis of this notice) for any of the offenses
specified in subdivision (c).
(D) Whether, upon notice, the case was filed by the owner, and if
so, the filing date and number.
(E) Whether the assignment was executed by the owner to the city
attorney or city prosecutor.
(F) Whether 3-day, 30-day, or 60-day notices were issued by the
city attorney or city prosecutor, and if so, the date each was
issued.
(G) Whether the case was filed by the city attorney or city
prosecutor, and if so, the filing date and case number.
(H) Whether the owner was joined as a defendant pursuant to this
section.
(I) For the cases filed by an owner, the city attorney, or the
city prosecutor, the following information:
(i) If a judgment was entered, the date of the judgment, whether
the judgment ordered an eviction or partial eviction, and whether the
judgment was a default judgment, stipulated judgment, or judgment
following trial.
(ii) Whether the case was withdrawn or in which the tenant
prevailed.
(iii) Whether there was another disposition, and specifying the
type of disposition.
(iv) Whether the defendant was represented by counsel.
(v) Whether the case was a trial by the court or a trial by a
jury.
(vi) Whether an appeal was taken, and, if so, the result of the
appeal and the date of the result.
(vii) Whether a partial eviction was requested, and whether the
court ordered a partial eviction.
(J) For the cases in which a notice was provided pursuant to
subdivision (a), but no case was filed, the following information:
(i) Whether a tenant voluntarily vacated subsequent to receiving
the notice, and if so, the date vacated.
(ii) Whether a tenant vacated a unit prior to the providing of the
notice, and if so, the date vacated.
(iii) Whether the notice provided pursuant to subdivision (a) was
erroneously sent to the tenant. This shall include a list of the
reasons, if known, for the erroneously sent notice, such as reliance
on information on the suspected violator's name or address that was
incorrect, a clerical error, or any other reason.
(iv) Whether there was another resolution, and specifying the type
of resolution.
(K) The street address, city, and ZIP Code of residence where the
tenants relocated, to the extent known.
(L) Whether the tenant continued to engage in unlawful activity at
his or her new place of residence, to the extent known.
(2) (A) Information compiled pursuant to this section shall be
reported annually to the California Research Bureau on or before
January 20.
(B) The California Research Bureau shall thereafter submit a brief
report to the Senate and Assembly Committees on Judiciary once on or
before March 20, 2016, and once on or before March 20, 2018,
summarizing the information collected pursuant to this section and
evaluating the merits of the programs established by this section.
The report shall be submitted in compliance with Section 9795 of the
Government Code.
(3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.
(h) A participating jurisdiction shall not be permitted to file,
in the name of the people, an action for unlawful detainer pursuant
to this section unless that jurisdiction has made a good faith effort
to collect and timely report all information to the California
Research Bureau required by subdivision (g).
(h)
(i) This section shall remain in effect only until
January 1, 2019, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2019, deletes or
extends that date.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the particular needs of the counties identified in this
act and their unique experience with the law as it previously read.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order that the counties specified in Section 1 of this act will
have all the tools they need for the protection of public safety at
the earliest time, it is necessary that this bill go into effect
immediately.