California 2009-2010 Regular Session Status: Enacted

AB 1263 — Unlawful detainer: service of notice.

Last action — Chaptered by Secretary of State - Chapter 144, Statutes of 2010.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law governs unlawful detainer proceedings to effect the removal of a tenant from the property. Existing law specifies the manner of serving notice upon a tenant under those circumstances. Existing law requires service of the notice by delivering a copy to the tenant personally. If the tenant is absent from his or her place of residence, and from his or her usual place of business, existing law provides that notice may be served by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence. If the residence and business cannot be ascertained, or a person of suitable age and discretion there cannot be found, existing law authorizes the notice to be served by affixing a copy in a conspicuous place on the property and delivering a copy to the person there residing, if that person can be found, and by sending a copy through the mail addressed to the tenant at the place where the property is situated. This bill would revise the provision governing the methods of serving notice upon a commercial tenant, as defined, for purposes of the unlawful detainer provisions by deleting the requirement that service be made at the tenant's place of residence or usual place of business. The bill would instead provide that service upon a commercial tenant be made by (1) delivering a copy to the tenant personally, (2) leaving a copy with some person of suitable age and discretion at the property and sending a copy through the mail, as specified, or (3) by affixing a copy in a conspicuous place on the property and sending a copy through the mail, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 144, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:15 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 5990.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 8 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4203.)

  7. Ordered to Special Consent Calendar.

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 5. Noes 0.) (June 15).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  13. Referred to Com. on JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 68. Noes 0. Page 3911.)

  16. To Consent Calendar.

  17. Read second time. To third reading.

  18. To second reading.

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, and do pass as amended, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (January 12).

  22. Re-referred to Com. on JUD.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  24. In committee: Set, second hearing. Hearing canceled at the request of author.

  25. In committee: Set, first hearing. Hearing canceled at the request of author.

  26. Re-referred to Com. on JUD.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  28. Re-referred to Com. on JUD.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  30. Referred to Com. on JUD.

  31. Read first time.

  32. From printer. May be heard in committee March 30.

  33. Introduced. To print.

Sponsors

  • Audra Strickland · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Audra Strickland

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1263 STRICKLAND Concurrence in Senate Amendments

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 2001
Republican 3000
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Bass — Yea
Blakeslee — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Feuer — Yea
Davis — Not Voting
DeVore — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #29 AB1263 Audra Strickland By Correa

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Republican 1000
Democratic 2000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Florez — Yea
Hancock — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Alquist — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Hollingsworth — Yea
Liu — Yea
Oropeza — Not Voting
Simitian — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Leno — Yea
Walters — Yea
Corbett — Yea

Official roll call →

AB 1263 STRICKLAND Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 710013
Democratic 3000
Republican 3000
Total 770013
% of votes cast 86%0%0%14%
How each member voted (90)
Member Party Vote
Chesbro — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Charles — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
Anderson — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
Leon — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Salas — Not Voting
Conway — Not Voting
Hall — Not Voting
Bass — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Ma — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Not Voting
Tran — Yea
Carter — Not Voting
A. — Yea
Emmerson — Yea
Feuer — Yea
Davis — Not Voting
DeVore — Not Voting
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1263 do?
Existing law governs unlawful detainer proceedings to effect the removal of a tenant from the property. Existing law specifies the manner of serving notice upon a tenant under those circumstances. Existing law requires service of the notice by delivering a copy to the tenant personally. If the tenant is absent from his or her place of residence, and from his or her usual place of business, existing law provides that notice may be served by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence. If the residence and business cannot be ascertained, or a person of suitable age and discretion there cannot be found, existing law authorizes the notice to be served by affixing a copy in a conspicuous place on the property and delivering a copy to the person there residing, if that person can be found, and by sending a copy through the mail addressed to the tenant at the place where the property is situated. This bill would revise the provision governing the methods of serving notice upon a commercial tenant, as defined, for purposes of the unlawful detainer provisions by deleting the requirement that service be made at the tenant's place of residence or usual place of business. The bill would instead provide that service upon a commercial tenant be made by (1) delivering a copy to the tenant personally, (2) leaving a copy with some person of suitable age and discretion at the property and sending a copy through the mail, as specified, or (3) by affixing a copy in a conspicuous place on the property and sending a copy through the mail, as specified.
Who sponsors AB 1263?
AB 1263 is sponsored by Audra Strickland.
What is the current status of AB 1263?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1263?
Track AB 1263 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1263

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1263

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →