Real property: possession: unlawful detainer.
Summary
(1) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease, but the landlord must first give the tenant a 3-day notice to cure the violation or vacate. This bill would change the notice period to exclude judicial holidays, including Saturday and Sunday. (2) Under existing law, a plaintiff that wishes to bring an action to obtain possession of real property must file a complaint and serve the defendant with a notice of summons, in which case the defendant has 5 days to respond. This bill would clarify that the period in which a defendant may respond to a notice of summons does not include judicial holidays, including Saturday and Sunday. (3) This bill would provide that these provisions would become operative on September 1, 2019.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2018
Committee Review
Aug 2018
Assembly Passage
May 2018
Senate Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Feb 13, 2018
Signed Sep 5, 2018
Floor votes · Senate Aug 20, 2018 · Assembly Jun 1, 2018
How they voted
23–10
Passed · 2 other
Total votes 35
Aug 20, 2018
D
Democratic24
95% Yea
R
Republican11
90% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
30
Key actions
12
Committee
10
Amendments
6
Sep 5, 2018
Signed into law
Approved by the Governor.
legislature
Aug 23, 2018
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 27. Page 6499.).
lower
Aug 20, 2018
Senate · Passed
Senate Vote: pass (23-10-2)
senate
Aug 20, 2018
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.
lower
Jul 3, 2018
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (July 3).
upper
Jun 25, 2018
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 13, 2018
Committee
Referred to Com. on JUD.
upper
Jun 1, 2018
Assembly · Passed
Assembly Vote: pass (39-24-9)
assembly
May 29, 2018
Lower · Passed
Read third time and amended. Ordered to third reading. (Page 5435.)
lower
May 25, 2018
Lower · Passed
From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 25).
lower
May 2, 2018
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 26, 2018
Committee
Re-referred to Com. on APPR.
lower
Apr 25, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
lower
Apr 23, 2018
Committee
Re-referred to Com. on APPR.
lower
Apr 18, 2018
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 17).
lower
Apr 2, 2018
Lower · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
lower
Apr 2, 2018
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 1, 2018
Committee
Referred to Com. on JUD.
lower
Feb 14, 2018
Lower · Passed
From printer. May be heard in committee March 16.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
David Chiu
DDemocratic
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