Validty Eviction Law

Notice to Tenant: This notice is not a notice of eviction. You
should call (name of the city attorney or prosecutor pursuing the
action) at (telephone number) or a legal assistance provider to stop
the eviction action if any of the following is applicable:

   (1) You are not the person named in this notice.

   (2) The person named in the notice does not live with you.

   (3) The person named in the notice has permanently moved.

   (4) You do not know the person named in the notice.

   (5) You want to request that only the person involved in the
nuisance be evicted, allowing the other residents to stay.

   (6) You have any other legal defense or legal reason to stop the
eviction action. A list of legal assistance providers is attached to
this notice. Some provide free legal assistance if you are eligible."


   (ii) The notice shall be provided to the tenant in English and, as
translated, in all of the languages identified in subdivision (a) of
Section 1632 of the Civil Code.
   (D) The owner shall, within 30 calendar days of the mailing of the
written notice, either provide the city prosecutor or city attorney
with all relevant information pertaining to the unlawful detainer
case, or provide a written explanation setting forth any
safety-related reasons for noncompliance, and an assignment to the
city prosecutor or city attorney of the right to bring an unlawful
detainer action against the tenant.
   (E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs of
investigation, discovery, and reasonable attorney's fees, in an
amount not to exceed six hundred dollars ($600).
   (F) If the city prosecutor or city attorney accepts the assignment
of the right of the owner to bring the unlawful detainer action, the
owner shall retain all other rights and duties, including the
handling of the tenant's personal property, following issuance of the
writ of possession and its delivery to and execution by the
appropriate agency.
   (2) Upon the failure of the owner to file an action pursuant to
this section, or to respond to the city prosecutor or city attorney
as provided in paragraph (1), or having filed an action, if the owner
fails to prosecute it diligently and in good faith, the city
prosecutor or city attorney may file and prosecute the action, and
join the owner as a defendant in the action. This action shall have
precedence over any similar proceeding thereafter brought by the
owner, or to one previously brought by the owner and not prosecuted
diligently and in good faith. Service of the summons and complaint
upon the defendant owner shall be in accordance with Sections 415.10,
415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure.
   (3) If a jury or court finds the defendant tenant guilty of
unlawful detainer in a case filed pursuant to paragraph (2), the city
prosecutor or city attorney may be awarded costs, including the
costs of investigation and discovery and reasonable attorney's fees.
These costs shall be assessed against the defendant owner, to whom
notice was directed pursuant to paragraph (1), and once an abstract
of judgment is recorded, it shall constitute a lien on the subject
real property.
   (4) This section shall not prevent a local governing body from
adopting and enforcing laws, consistent with this section, relating
to weapons or ammunition abatement. If local laws duplicate or
supplement this section, this section shall be construed as providing
alternative remedies and not preempting the field.
   (5) This section shall not prevent a tenant from receiving relief
against a forfeiture of a lease pursuant to Section 1179 of the Code
of Civil Procedure.
   (b) In any proceeding brought under this section, the court may,
upon a showing of good cause, issue a partial eviction ordering the
removal of any person, including, but not limited to, members of the
tenant's household if the court finds that the person has engaged in
the activities described in subdivision (a). Persons removed pursuant
to this section may be permanently barred from returning to or
reentering any portion of the entire premises. The court may further
order as an express condition of the tenancy that the remaining
tenants shall not give permission to or invite any person who has
been removed pursuant to this subdivision to return to or reenter any
portion of the entire premises.
   (c) For purposes of this section, "unlawful weapons or ammunition
purpose" means the illegal use, manufacture, causing to be
manufactured, importation, possession, possession for sale, sale,
furnishing, or giving away of any of the following:
   (1) A firearm, as defined in subdivision (a) of Section 16520 of
the Penal Code.
   (2) Any ammunition, as defined in subdivision (b) of Section 16150
of the Penal Code or in Section 16650 or 16660 of the Penal Code.
   (3) Any assault weapon, as defined in Section 30510 or 30515 of
the Penal Code.
   (4) Any .50 BMG rifle, as defined in Section 30530 of the Penal
Code.
   (5) Any tear gas weapon, as defined in Section 17250 of the Penal
Code.
   (d) Notwithstanding subdivision (b) of Section 68097.2 of the
Government Code, a public entity may waive all or part of the costs
incurred in furnishing the testimony of a peace officer in an
unlawful detainer action brought pursuant to this section.
   (e) The notice and documentation described in paragraph (1) of
subdivision (a) shall be given in writing and may be given either by
personal delivery or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner at the address
known to the public entity giving the notice, or as shown on the last
equalized assessment roll, if not known. Separate notice of not less
than 30 calendar days and documentation shall be provided to the
tenant in accordance with this subdivision. Service by mail shall be
deemed to be completed at the time of deposit in the United States
mail. Proof of giving the notice may be made by a declaration signed
under penalty of perjury by any employee of the public entity which
shows service in conformity with this section.
   (f) This section shall apply only to the following courts:
   (1) In the County of Los Angeles, any court having jurisdiction
over unlawful detainer cases involving real property situated in the
City of Los Angeles or the City of Long Beach.
   (2) In the County of San Diego, any court having jurisdiction over
unlawful detainer cases involving real property situated in the City
of San Diego.
   (3) In the County of Alameda, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Oakland.
   (4) In the County of Sacramento, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Sacramento.
   (g) (1) The city attorney and city prosecutor of each
participating jurisdiction shall provide to the California Research
Bureau the following information:
   (A) The number of notices provided pursuant to paragraph (1) of
subdivision (a).
   (B) For each notice provided pursuant to paragraph (1) of
subdivision (a), the following information:
   (i) The name and age, as provided by the landlord, of each person
residing at the noticed address.
   (ii) Whether the person has previously received a notice pursuant
to this section from the reporting city attorney or prosecutor, and
if so, whether the tenant vacated or was evicted as a result.
   (C) For the tenant receiving the notice, whether the tenant has
previously been arrested (other than an arrest that is the basis of
this notice) for any of the offenses specified in subdivision (c).
   (D) The number of cases filed by an owner, upon notice.
   (E) The number of assignments executed by owners to the city
attorney or city prosecutor.
   (F) The number of 3-day, 30-day, or 60-day notices issued by the
city attorney or city prosecutor.
   (G) The number of cases filed by the city attorney or city
prosecutor.
   (H) The number of times that an owner is joined as a defendant
pursuant to this section.
   (I) For the subtotal of cases filed by an owner, the city
attorney, or the city prosecutor, the following information:
   (i) The number of judgments ordering an eviction or partial
eviction, and specifying whether each was a default judgment,
stipulated judgment, or judgment following trial.
   (ii) The number of cases, listed by separate categories, in which
the case was withdrawn or in which the tenant prevailed.
   (iii) The number of other dispositions, and specifying the
disposition.
   (iv) The number of defendants represented by counsel.
   (v) Whether the case was a trial by the court or a trial by a
jury.
   (vi) Whether an appeal was taken, and, if so, the result of the
appeal.
   (vii) The number of cases in which partial eviction was requested,
and the number of cases in which the court ordered a partial
eviction.
   (J) For the subtotal of cases in which a notice was provided
pursuant to subdivision (a), but no case was filed, the following
information:
   (i) The number of instances in which a tenant voluntarily vacated
subsequent to receiving the notice.
   (ii) The number of instances in which a tenant vacated a unit
prior to the providing of the notice.
   (iii) The number of cases in which the notice provided pursuant to
subdivision (a) was erroneously sent to the tenant. This shall
include a list of the reasons, if known, for the erroneously sent
notice, such as reliance on information on the suspected violator's
name or address that was incorrect, a clerical error, or any other
reason.
   (iv) The number of other resolutions, and specifying the type of
resolution.
   (K) For each case in which a notice was issued and the tenants
either vacated the premises before a judgment in the unlawful
detainer action or were evicted, the street address, city, and ZIP
Code of residence where the tenants relocated, to the extent known.
   (2) (A) Information compiled pursuant to this section shall be
reported annually to the California Research Bureau on or before
January 20.
   (B) The California Research Bureau shall thereafter submit a brief
report to the Senate and Assembly Committees on Judiciary once on or
before March 20, 2011, and once on or before March 20, 2013,
summarizing the information collected pursuant to this section and
evaluating the merits of the pilot programs established by this
section. The report for this section may be combined with the
California Research Bureau report submitted for the pilot program
established by Section 3486 of the Civil Code. The 2013 report shall
indicate whether the City of Los Angeles has regularly reported to
the bureau.
   (3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.
   (h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.