Summary proceedings for obtaining possession of real property: demurrers.
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AB 3196 — Summary proceedings for obtaining possession of real property: demurrers.
Last action — In committee: Held under submission.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law requires a defendant who appears and demurs to the plaintiff's complaint in a summary proceeding for obtaining possession of real property to serve and file all moving and supporting papers at least 16 court days before the hearing, except as specified. This bill would provide that in a summary proceeding for obtaining possession of real property, if a tenant in a commercial real property, as defined, demurs to the complaint, the notice of hearing on the demurrer must designate a hearing date not more than 20 court days following the filing of the demurrer. The bill would also make a technical, nonsubstantive change.
Bill Text
- Amended 04/11/24 - Amended Assembly Current pdf April 11, 2024
- Introduced 02/16/24 - Introduced pdf February 16, 2024
- AB3196 View text html
Action History
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In committee: Held under submission.
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In committee: Referred to suspense file.
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From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 11). Re-referred to Com. on APPR.
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Referred to Coms. on JUD. and APPR.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4919.)
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (April 16).
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Coauthors revised.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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From printer. May be heard in committee March 18.
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Read first time. To print.
Sponsors
- Stephanie Nguyen · Primary
- David Alvarez · Cosponsor
- Blanca E. Rubio · Cosponsor
- Esmeralda Soria · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 118 not signed on
Sponsors (1)
- Nguyen, Stephanie Democratic
Co-sponsors (3)
- Alvarez, David Democratic
- Rubio, Blanca E. Democratic
- Soria, Esmeralda Democratic
Not signed on (118)
118 members have not signed on to this bill.
Show all 118 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Jones, Brian W. | Republican | Not Voting |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 8 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Wilk | — | Yea |
| Roth | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Yea |
| Niello, Roger W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 39 | 0 | 0 | 8 |
| Republican | 12 | 0 | 0 | 2 |
| Unaffiliated | 17 | 0 | 0 | 2 |
| Total | 68 | 0 | 0 | 12 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Villapudua | — | Yea |
| Ting | — | Yea |
| Jones-Sawyer | — | Yea |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Friedman | — | Yea |
| Wood | — | Yea |
| Low | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Holden | — | Not Voting |
| Mathis | — | Not Voting |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Vince Fong | — | Yea |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Not Voting |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Not Voting |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Not Voting |
| Cervantes, Sabrina | Democratic | Not Voting |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Hart, Gregg | Democratic | Not Voting |
| Irwin, Jacqui | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Lowenthal, Josh | Democratic | Not Voting |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Ortega, Liz | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Not Voting |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Schiavo, Pilar | Democratic | Yea |
| Soria, Esmeralda | Democratic | Yea |
| Valencia, Avelino | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Chen, Phillip | Republican | Yea |
| Dahle, Megan | Republican | Not Voting |
| Davies, Laurie | Republican | Yea |
| Dixon, Diane | Republican | Yea |
| Essayli, Bill | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Hoover, Josh | Republican | Yea |
| Lackey, Tom | Republican | Not Voting |
| Patterson, Joe | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
| Ta, Tri | Republican | Yea |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 8 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Waldron | — | Yea |
| Maienschein | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Connolly, Damon | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Dixon, Diane | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 3196 do?
- Existing law requires a defendant who appears and demurs to the plaintiff's complaint in a summary proceeding for obtaining possession of real property to serve and file all moving and supporting papers at least 16 court days before the hearing, except as specified. This bill would provide that in a summary proceeding for obtaining possession of real property, if a tenant in a commercial real property, as defined, demurs to the complaint, the notice of hearing on the demurrer must designate a hearing date not more than 20 court days following the filing of the demurrer. The bill would also make a technical, nonsubstantive change.
- Who sponsors AB 3196?
- AB 3196 is sponsored by Nguyen, Stephanie (Democratic), Alvarez, David (Democratic), Rubio, Blanca E. (Democratic), and Soria, Esmeralda (Democratic).
- What is the current status of AB 3196?
- This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 3196?
- Track AB 3196 free on One Click Politics — get push/email alerts when it moves.
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