California 2015-2016 Regular Session Status: Enacted

AB 2819 — Unlawful detainer proceedings.

Last action — Chaptered by Secretary of State - Chapter 336, Statutes of 2016.

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  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 19, 2016. 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 4 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

Under existing law, a tenant of real property, for a term less than life, or the executor or administrator or his or her estate, is guilty of unlawful detainer when he or she continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the term for which it is let to him or her, except as specified. Under existing law, access to limited civil case records filed in an unlawful detainer action is restricted to (1) parties to the action, (2) certain people who provide the court clerk with specified information about the parties to the action, (3) any person by order of the court on a showing of good cause, and (4) any other person 60 days after the complaint has been filed, unless the defendant prevails in the action within 60 days after the filing of the complaint, in which case access is limited to the other parties allowed access, as described above. This bill would instead provide that access to limited civil case records filed in an unlawful detainer action is restricted, for purposes of (4) , as described above, (1) 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, and (2) to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint. The bill would provide that if a default or default judgment is set aside more than 60 days after the complaint was filed, the court file access restrictions, as described above, shall apply as if the complaint had been filed on the date the default or the default judgment is set aside. The bill would authorize the court to bar access to court records in the action if the parties so stipulate. Existing law requires a complaint filed in an unlawful detainer proceeding to include certain information and requires a defendant to answer the complaint, as specified, within 5 days of being served with a summons and the complaint, unless the court orders otherwise for good cause shown. Existing law also requires proof of service of a summons to be filed in a civil action, including in an unlawful detainer proceeding. This bill would permit a court to dismiss an unlawful detainer proceeding without prejudice if proof of service of the summons has not been filed within 60 days of the complaint's filing.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 336, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 11. Page 4953.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2.) (June 21).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 41. Noes 30. Page 4817.)

  11. Read third time and amended. Ordered to third reading. (Page 4772.)

  12. Read third time and amended. Ordered to third reading. (Page 4722.)

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered returned to second reading.

  15. From committee: Amend, and do pass as amended. (Ayes 7. Noes 1.) (April 26).

  16. Re-referred to Com. on JUD.

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

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

  19. Referred to Com. on JUD.

  20. Read first time.

  21. From printer. May be heard in committee March 22.

  22. Introduced. To print.

Sponsors

  • Chiu · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

  • Chiu

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

3rd Reading AB2819 Chiu By Hertzberg

Passed 21 Yea · 11 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 191007
Democratic 2100
Total 211107
% of votes cast 54%28%0%18%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hernandez — Not Voting
Hill — Yea
Lara — Yea
Morrell — Nay
Nielsen — Nay
Wolk — Yea
Cannella — Not Voting
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Not Voting
Hall — Yea
Hancock — Yea
Bates — Nay
Beall — Yea
Block — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Nay
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Not Voting
Monning — Yea
Moorlach — Nay
Pan — Yea
Pavley — Not Voting
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Glazer — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Monning — Yea
Hertzberg — Yea
Leno — Yea
Anderson — Nay
Moorlach — Nay
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 2819 CHIU Assembly Third Reading

Passed 41 Yea · 30 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 362509
Democratic 5000
Republican 0500
Total 413009
% of votes cast 51%38%0%11%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Nay
Levine — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
O'Donnell — Not Voting
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Nay
Weber — Yea
Eggman — Yea
Chávez — Nay
Cooper — Yea
Daly — Not Voting
Frazier — Not Voting
Gatto — Nay
Burke — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Holden — Yea
Gray — Yea
Lopez — Yea
Jones-Sawyer — Yea
Low — Yea
Atkins — Yea
McCarty — Yea
Mullin — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dodd — Yea
Olsen — Nay
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Wagner — Nay
Williams — Yea
Wood — Yea
Chang — Nay
Gomez — Not Voting
Dababneh — Not Voting
Kim — Nay
Linder — Nay
Baker — Nay
Mayes — Nay
Medina — Not Voting
Melendez — Nay
Rodriguez — Not Voting
Steinorth — Nay
Waldron — Nay
Wilk — Nay
Gordon — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Nay
Travis Allen — Not Voting
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7101
Republican 0001
Total 7102
% of votes cast 70%10%0%20%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Not Voting
Wagner — Nay
Chiu — Yea
Chau — Yea
Holden — Yea
Ting — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 2819 do?
Under existing law, a tenant of real property, for a term less than life, or the executor or administrator or his or her estate, is guilty of unlawful detainer when he or she continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the term for which it is let to him or her, except as specified. Under existing law, access to limited civil case records filed in an unlawful detainer action is restricted to (1) parties to the action, (2) certain people who provide the court clerk with specified information about the parties to the action, (3) any person by order of the court on a showing of good cause, and (4) any other person 60 days after the complaint has been filed, unless the defendant prevails in the action within 60 days after the filing of the complaint, in which case access is limited to the other parties allowed access, as described above. This bill would instead provide that access to limited civil case records filed in an unlawful detainer action is restricted, for purposes of (4) , as described above, (1) 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, and (2) to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint. The bill would provide that if a default or default judgment is set aside more than 60 days after the complaint was filed, the court file access restrictions, as described above, shall apply as if the complaint had been filed on the date the default or the default judgment is set aside. The bill would authorize the court to bar access to court records in the action if the parties so stipulate. Existing law requires a complaint filed in an unlawful detainer proceeding to include certain information and requires a defendant to answer the complaint, as specified, within 5 days of being served with a summons and the complaint, unless the court orders otherwise for good cause shown. Existing law also requires proof of service of a summons to be filed in a civil action, including in an unlawful detainer proceeding. This bill would permit a court to dismiss an unlawful detainer proceeding without prejudice if proof of service of the summons has not been filed within 60 days of the complaint's filing.
Who sponsors AB 2819?
AB 2819 is sponsored by Chiu.
What is the current status of AB 2819?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2819?
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