Bill Text: CA AB2304 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unlawful detainer: case records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-05 - Referred to Com. on JUD. [AB2304 Detail]
Download: California-2023-AB2304-Introduced.html
limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows:
Bill Title: Unlawful detainer: case records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-05 - Referred to Com. on JUD. [AB2304 Detail]
Download: California-2023-AB2304-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2304
| Introduced by Assembly Member Lee |
February 12, 2024 |
An act to amend Section 1161.2 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
AB 2304, as introduced, Lee.
Unlawful detainer: case records.
Existing law requires the court clerk to allow specified persons access to case records, including the court file, index, and register of actions, filed in unlawful detainer actions that are limited civil cases. Existing law requires that this acess must be given to any other person 60 days after the complaint has been filed if judgment against all defendants has been entered for the plaintiff within 60 days of the filing of the complaint, and other persons as specified. Existing law exempts from these requirements records in a case that seeks to terminate a mobilehome park tenancy if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy.
This bill expand the access requirement described above to include all unlawful detainer actions. The
bill would also delete the exemption for cases that seek to terminate a mobilehome tenancy, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1161.2 of the Code of Civil Procedure is amended to read:1161.2.
(a) (1) The clerk shall allow access to(A) To a party to the action, including a party’s attorney.
(B) To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any.
(C) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of
residency.
(D) To a person by order of the court, which may be granted ex parte, on a showing of good cause.
(E) Except as provided in subparagraph (G), to any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff.
(F) Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if judgment against all defendants has been entered for the plaintiff within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been
filed on the date the default or default judgment is set aside.
(G) (i) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial.
(ii) Subparagraphs (E) and (F) shall not apply if the plaintiff filed the action between March 4, 2020, and September 30, 2021, and the action is based on an alleged default in the payment of rent.
(2) This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the
parties to the action so stipulate.
(b) (1) For purposes of this section, “good cause” includes, but is not limited to, both of the following:
(A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.
(B) The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code.
(2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a).
(c) Upon the filing of a case so restricted, the court
clerk shall mail notice to each defendant named in the action. The notice shall be mailed to the address provided in the complaint. The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that the person lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon
a showing of good cause for access. The notice shall contain on its face the following information:
(1) The name and telephone number of the county bar association.
(2) The name and telephone number of any entity that requests inclusion on the notice and demonstrates to the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code.
(3) The following statement:
“The State Bar of California certifies lawyer referral services in California
and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar’s internet website at www.calbar.ca.gov or call 1-866-442-2529.”
(4) The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone numbers may be called for legal advice regarding the case. The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises. The notice shall not constitute service
of the summons and complaint.
(5) The following statement, for a notice sent out pursuant to this section between October 1, 2021 and March 31, 2022:
“IMPORTANT NOTICE FROM THE STATE OF CALIFORNIA – YOU MUST TAKE ACTION TO AVOID AN EVICTION: As part of the state’s COVID-19 relief plan, money has been set aside to help renters who have fallen behind on rent or utility payments.
If you are behind on rent or utility payments, YOU SHOULD COMPLETE A RENTAL ASSISTANCE APPLICATION IMMEDIATELY! It is free and simple to apply. Citizenship or immigration status does not matter.
You can find out how to start your application by calling 1-833-430-2122 or visiting http://housingiskey.com right away.”
(d) Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter.
(e)This section does not apply to a case that seeks to terminate a mobilehome park tenancy if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy.
(f)
(e) This section does not alter any provision of the Evidence Code.
