Residential tenancies: foreclosure.
Summary
Existing law governs unlawful detainer proceedings. Existing law authorizes the court clerk to allow access to limited civil case records filed under these provisions to certain persons, including a party to the action or a resident of the premises, under certain conditions, without regard to when they request that access. Existing law also authorizes the clerk to allow access to any other person 60 days after the complaint has been filed, unless a defendant prevails in the action within 60 days of the filing of the complaint, in which case the clerk may not allow access to any court records in the action, except as specified. This bill would additionally authorize the clerk to allow access to those records to any other person in the case of a complaint involving residential property that has been sold in foreclosure, or under other, specified proceedings, as indicated in the caption of the complaint, if 60 days have elapsed since the complaint was filed with the court and judgment against all defendants has been entered for the plaintiff, after a trial. The bill would also require the plaintiff in those proceedings to include a specified caption in the complaint. If judgment is not entered under these conditions, the bill would prohibit the clerk from allowing access to any court records in the action, except to the persons described above who are permitted access without regard to when they request access. Existing law governing unlawful detainer proceedings also requires that a tenant or subtenant in possession of a rental housing unit, as defined, which has been sold by reason of certain enumerated causes, including foreclosure, who rents or leases the rental housing unit either on a periodic basis, as specified, or for a fixed period of time, be given written notice to quit, as specified, at least as long as the term of hiring itself but not exceeding 30 days, before the tenant or subtenant may be removed from that rental housing unit. This bill would additionally require, until January 1, 2013, that any notice to quit regarding a housing unit served within one year after a foreclosure sale include a separate cover sheet that contains an additional notice to renters. The bill would set forth the content of this notice providing the tenant with specified information regarding tenants' rights. The bill would also provide that under certain circumstances the cover sheet need not be served, as specified.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2010
Committee Review
Jun 2010
Senate Passage
Apr 2010
Assembly Passage
Aug 2010
Signed into Law
Sep 2010
Introduced Feb 18, 2010
Signed Sep 30, 2010
Floor votes · Senate Apr 22, 2010 · Assembly Aug 25, 2010
How they voted
21–8
Passed · 9 other
Total votes 38
Apr 22, 2010
D
Democratic25
84% Yea
R
Republican13
53% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
24
Key actions
7
Committee
2
Amendments
3
Sep 30, 2010
Signed into law
Approved by Governor.
legislature
Aug 26, 2010
Introduced
Senate concurs in Assembly amendments. (Ayes 22. Noes 14. Page 4926.) To enrollment.
upper
Aug 25, 2010
Assembly · Passed
Assembly Vote: pass (43-24-1)
assembly
Jun 29, 2010
Lower · Passed
(Heard in committee on June 29.)
lower
Jun 29, 2010
Lower · Passed
From committee: Do pass. (Ayes 7. Noes 2.)
lower
Apr 22, 2010
Senate · Passed
Senate Vote: pass (21-8-9)
senate
Apr 6, 2010
Upper · Passed
(April 6 amended version corrected April 15.)
upper
Apr 5, 2010
Upper · Passed
From committee: Do pass as amended. (Ayes 3. Noes 2. Page 3001.)
upper
Feb 18, 2010
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ellen Corbett
DDemocratic
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