Bill Emmerson
- Republican
Author
Existing law, the California Self-Service Storage Facility Act, specifies remedies and procedures for self-service storage facility owners when occupants are delinquent in paying rent or other charges. Under existing law, if an owner sends an occupant a preliminary lien notice by certified mail, the owner may, upon the effective date of the lien, deny the occupant access to the space, enter the space, and remove property to safekeeping. However, if the owner sends the preliminary lien notice by first-class mail with certificate of mailing, the owner may not remove the property for at least 14 days following the effective date of the lien. Existing law requires owners to send occupants a notice of lien sale stating that the property will be sold to satisfy the lien after a date not less than 14 days following the date of mailing unless the amount of the lien is paid or the occupant returns a declaration in opposition to lien sale in a specified form. Existing law specifies procedures for an owner to enforce the lien following receipt of a declaration in opposition to lien sale. Existing law requires that a lien sale be advertised in a newspaper of general circulation in the judicial district where the sale is to be held, or posted in conspicuous places in the neighborhood of the proposed sale, as specified, and provides that prior to a lien sale, any person claiming a right to the goods may pay the amount necessary to satisfy the lien and reasonable expenses incurred for particular actions taken. This bill would provide that, if the occupant has not paid the full amount specified within 14 days of the termination date specified in the preliminary lien notice, the lien will attach as of that date and the owner may deny the occupant access to the space, enter the space, and remove any property to safekeeping. The bill would require the owner to send the occupant a notice of lien sale stating, among other things, that the amount of the lien will continue to increase if rent is not paid; the property will be sold to satisfy the lien after a specified date that is not less than 14 days from the date of mailing unless the occupant executes and returns by certified mail a specified declaration in opposition to lien sale; the occupant may regain full use of the space by paying the full lien amount prior to the specified date; and other information, as specified. The bill would require the lien sale to be advertised in a newspaper of general circulation in the county where the sale is to be held. The bill would provide that prior to any lien sale, any person claiming a right to the goods may pay the amount necessary to satisfy the lien together with one month's rent in advance, in which case the owner would retain the property pending a court order directing the disposition of the property. The bill would also prescribe procedures to be followed if a court order is not obtained and would make other technical changes.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 439, Statutes of 2010.
Enrolled and to the Governor at 3:45 p.m.
Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6522.)
Assembly Rule 77 suspended. (Page 6463.)
Read third time, passed, and to Assembly. (Ayes 31. Noes 0. Page 4704.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.
Read second time. To third reading.
Read third time, amended. To second reading.
Ordered to third reading.
From Special Consent Calendar pursuant to Joint Rule 22.2.
Ordered to Special Consent Calendar.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (June 29).
In committee: Hearing postponed by committee.
In committee: Hearing postponed by committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In committee: Set, second hearing. Hearing canceled at the request of author.
In committee: Hearing postponed by committee.
In committee: Set, first hearing. Hearing canceled at the request of author.
Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1765.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. To Consent Calendar.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. To Consent Calendar. (May 12).
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 14).
From printer. May be heard in committee March 28.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB655 | HTML |
| 02/25/09 - Introduced | |
| 04/16/09 - Amended Assembly | |
| 05/19/09 - Amended Assembly | |
| 05/20/10 - Amended Senate | |
| 08/02/10 - Amended Senate | |
| 08/18/10 - Amended Senate | |
| 08/30/10 - Enrolled | |
| 09/29/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.