Loading chat...

CA AB655

Bill

Status

Passed

9/29/2010

Primary Sponsor

Bill Emmerson

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • Establishes that a lien on a storage space attaches 14 days after the termination date in the preliminary lien notice if the occupant fails to pay the full amount due, allowing the owner to deny access, enter the space, and remove property to safekeeping.

  • Requires owners to send occupants a notice of lien sale (by certified or first-class mail with certificate of mailing) that includes the current lien amount, notice that the lien will continue to increase, a sale date at least 14 days from mailing, and a blank declaration form for the occupant to oppose the sale.

  • Changes lien sale advertising requirement from advertising in the judicial district to advertising in the county where the sale is to be held, published once weekly for two consecutive weeks in a newspaper of general circulation.

  • Allows any person to prevent a lien sale by paying the lien amount plus one month's rent in advance, in which case the owner retains the property pending a court order on its disposition.

  • If an occupant files a valid declaration in opposition to the lien sale, the owner must enforce the lien through court action in either small claims court or another court of competent jurisdiction, with service allowed by certified mail to the occupant's provided address.

Legislative Description

Self-service storage facilities.

Last Action

Chaptered by Secretary of State - Chapter 439, Statutes of 2010.

9/29/2010

Committee Referrals

Judiciary6/11/2009
Rules5/28/2009
Judiciary4/15/2009
Business and Professions3/23/2009

Full Bill Text

No bill text available