BILL NUMBER: AB 2485 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Dickinson
Members Dickinson and
Ridley-Thomas
FEBRUARY 21, 2014
An act to amend Section 3486 of, and to add and repeal
Sections 3485 and Section 3486.5 of the
Civil Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
AB 2485, as amended, Dickinson. Unlawful detainer: nuisance:
unlawful weapons and controlled substances.
(1) Existing law defines a nuisance and includes within this
definition anything which is injurious to health, including the
illegal sale of controlled substances, as defined. 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 an
unlawful weapons or ammunition on real property, as specified.
Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer, including conduct involving
illegally selling a controlled substance, or the commission of an
offense involving the unlawful possession or use of illegal weapons
or ammunition or the use of the premises to further that purpose. Any
of those acts may be deemed to constitute committing a nuisance on
the premises. Existing law authorizes, in the County of Los Angeles
only, a city prosecutor or city attorney to file an action for
unlawful detainer in the name of the people against any person who is
in violation of the nuisance or the illegal purpose provisions of
the unlawful detainer provision described above, with respect to
controlled substances.
This bill would, until January 1, 2019, reenact
provisions authorizing a city prosecutor or city attorney in the
County of Sacramento to file an action for unlawful detainer, for
property located in the City of Sacramento, to abate a nuisance
caused by illegal conduct involving an unlawful weapons or ammunition
or illegal sales of controlled substances. The bill would require
the action to be based on an arrest report or other law enforcement
report, as specified. The bill would require prior to filing an
action to provide specified notice to the owner of the property,
requiring the removal of the person who is violating specified law,
and would require notices to be served on both tenant and owner. The
bill would require the owner to provide to the city prosecution or
city attorney, 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 would authorize the form 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 authorize an award of specified costs
and fees. extend the unlawful detainer provisions
above regarding illegally selling controlled substances, applicable
only to the County of Los Angeles, to also include the County of
Sacramento. The bill would also, until January 1, 2019, require the
County of Sacramento to comply with specified reporting requirements
to the California Research Bureau, on or before January 20 annually,
regarding prosecutions and evictions carried out under these
provisions.
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 the purposes. The bill would impose
reporting requirements regarding the implementation of these
provisions upon the city attorney and city prosecutor of the County
of Sacramento and would require the California Research Bureau to
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 only apply to
the County of Sacramento. By imposing new duties on local officials,
this bill would create a state-mandated local program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Sacramento.
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.
Vote: majority. 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 purpose 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 use 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.
(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).
(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.
(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 in the County of Sacramento to
any court with jurisdiction over unlawful detainer cases involving
real property situated in the City of Sacramento.
(g) (1) The city attorney and city prosecutor of the County of
Sacramento 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) 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.
(C) For the tenant receiving the notice, 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) The number of cases filed by an owner, upon notice.
(E) The number of assignments executed by owners to the city
attorney or city prosecutor.
(F) The number of 3-day, 30-day, or 60-day notices issued by the
city attorney or city prosecutor.
(G) The number of cases filed by the city attorney or city
prosecutor.
(H) The number of times that an owner is joined as a defendant
pursuant to this section.
(I) For the subtotal of cases filed by an owner, the city
attorney, or the city prosecutor, the following information:
(i) The number of judgments ordering an eviction or partial
eviction, and specifying whether each was a default judgment,
stipulated judgment, or judgment following trial.
(ii) The number of cases, listed by separate categories, in which
the case was withdrawn or in which the tenant prevailed.
(iii) The number of other dispositions, and specifying the
disposition.
(iv) The number of defendants 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.
(vii) The number of cases in which partial eviction was requested,
and the number of cases in which the court ordered a partial
eviction.
(J) For the subtotal of cases in which a notice was provided
pursuant to subdivision (a), but no case was filed, the following
information:
(i) The number of instances in which a tenant voluntarily vacated
subsequent to receiving the notice.
(ii) The number of instances in which a tenant vacated a unit
prior to the providing of the notice.
(iii) The number of cases in which 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) The number of other resolutions, and specifying the type of
resolution.
(K) For each case in which a notice was issued and the tenants
either vacated the premises before a judgment in the unlawful
detainer action or were evicted, the street address, city, and ZIP
Code of residence where the tenants relocated, 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 pilot programs established by this
section. The report for this section shall be submitted in compliance
with Section 9795 of the Government Code and may be combined with
the California Research Bureau report submitted for the pilot program
established by Section 3486. The 2018 report shall indicate whether
the City of Sacramento has regularly reported to the bureau.
(3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.
(h) 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.
(PU Amended by Stats. 2009, Ch. 244, Sec. 1. (AB 530) Effective
January 1, 2010. Repealed as of January 1, 2014, by its own
provisions.)
SECTION 1. Section 3 486 of the
Civil Code is amended to read:
3486. (a) To abate the nuisance caused by illegal conduct
involving a controlled substance purpose 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
controlled substance 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 use 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 a controlled substance 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 3486
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According to
state law, Civil Code Section 3486 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 (a) 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).
(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) Nothing in this section shall prevent a local governing body
from adopting and enforcing laws, consistent with this article,
relating to drug abatement. Where local laws duplicate or supplement
this section, this section shall be construed as providing
alternative remedies and not preempting the field.
(5) Nothing in this section shall prevent a tenant from receiving
relief against a forfeiture of a lease pursuant to Section 1179 of
the Code of Civil Procedure.
(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 the purposes of this section, "controlled substance
purpose" means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety 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 in the County of Los Angeles to
any court having jurisdiction over unlawful detainer cases involving
real property situated in the City of Los Angeles.
(g) This section shall become operative on January 1, 2014, only
if the City of Los Angeles has regularly reported to the California
Research Bureau as required by this section, as it read during the
period from January 1, 2010, to January 1, 2014, inclusive. For
purposes of this section, the City of Los Angeles shall be deemed to
have complied with this reporting requirement if the 2013 report to
the Legislature by the California Research Bureau indicates that the
City of Los Angeles has regularly reported to the bureau.
(g) (1) Notwithstanding subdivision (f), this section shall apply
in the County of Sacramento to any court having jurisdiction over
unlawful detainer cases involving real property situated in the
County of Sacramento.
(2) This subdivision 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. Section 3486.5 is added to the Civil Code, to read:
3486.5. (a) To abate
the nuisance caused by illegal conduct involving a controlled
substance purpose 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 controlled substance
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 use
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 a controlled substance 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 3486.5
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According to
state law, Civil Code Section 3486 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.
(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).
(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) Nothing in this section shall prevent a local governing body
from adopting and enforcing laws, consistent with this section,
relating to drug 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.
(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 the purposes of this section, "controlled substance
purpose" means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety 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
3486.5. (a) Section 3486
shall apply in the County of Sacramento
Sacramento, in any court with jurisdiction over unlawful
detainer cases involving real property situated in the City of
Sacramento.
(g)
(b) (1) The In a template
provided by the California Research Bureau, the city attorney
and city prosecutor of the County of Sacramento shall provide to the
California Research Bureau the following information pertaining
to cases filed pursuant to Section 3486 :
(A) The number of notices provided pursuant to paragraph (1) of
subdivision (a) of Section 3486 .
(B) For each notice provided pursuant to paragraph (1) of
subdivision (a) of Section 3486 , the following
information:
(i) The name and age, as provided by the landlord, of each person
residing at the noticed address.
(ii) 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) The date the initial notice was issued.
(C) For the tenant receiving the notice, whether
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) of Section 3486
.
(D) The number of cases filed by an owner, upon notice.
Whether, upon notice, the case was filed by
the owner, and if so, the filing date and case number.
(E) The number of assignments executed by owners
Whether the assignment was executed by the owner
to the city attorney or prosecutor.
(F) The number of Whether 3-day,
30-day, or 60-day notices were issued by the city attorney
or city prosecutor prosecutor, and if so,
the date each was issued .
(G) The number of cases Whether the case
was filed by the city attorney or city prosecutor , and if
so, the filing date and case number .
(H) The number of times that an Whether
the owner is joined as a defendant pursuant to this section.
(I) For the subtotal of cases filed by an
owner, the city attorney, or the city prosecutor, the following
information:
(i) The number of judgments ordering an eviction or
partial eviction specifying whether each 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) The number of cases, listed by separate categories,
in which Whether the case was withdrawn or
in which the tenant prevailed.
(iii) The number of other dispositions
Whether there was another disposition, and specifying
the type of disposition.
(iv) The number of defendants Whether the
defendant was represented by counsel.
(v) Whether the case was a trial by the court or a trial by jury.
(vi) Whether an appeal was taken, and, if so, the result of the
appeal and the date of the result .
(vii) The number of cases in which Whether
a partial eviction was requested, and the number of
cases in which whether the court ordered a
partial eviction.
(J) For the subtotal of cases in which a notice
was provided pursuant to subdivision (a) of Section 3486
, but no case was filed, the following information:
(i) The number of instances in which
Whether a tenant voluntarily vacated subsequent to receiving
the notice notice, and if so, the date
vacated .
(ii) The number of instances in which
Whether a tenant vacated a unit prior to the providing of the
notice notice, and if so, the date vacated
.
(iii) The number of cases in which Whether
the notice provided pursuant to subdivision (a) of
Section 3486 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 other
reason.
(iv) The number of other resolutions.
Whether there was another resolution and the type of
resolution.
(K) For each case in which a notice was issued and the
tenants either vacated the premises before a judgment in the unlawful
detainer action or were evicted, the The street
address, city, and ZIP Code of residence where the tenants
relocated, 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 pilot programs established by this
section. The report for this section shall be submitted in compliance
with Section 9795 of the Government Code and may be combined with
the California Research Bureau report submitted for the pilot program
established by Section 3485. The 2018 report shall indicate whether
the City of Sacramento has regularly reported to the bureau.
(3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.
(h)
(c) 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. 3. 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 the City of Sacramento has a unique and historic role in
reporting data regarding city attorney sponsored unlawful detainer
actions and outcomes to the California Research Bureau in assessing
the effectiveness of this program.
SEC. 4. 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.