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CA SB1326

Bill

Status

Introduced

2/21/2020

Primary Sponsor

Mike Morrell

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Expands the definition of "interested parties" who must receive notice of criminal proceedings involving false or forged instruments to include anyone who has recorded any document asserting a right, title, lien, estate, or interest in the affected property.

  • Changes court authority from discretionary ("may") to mandatory ("shall") to decline issuing an order declaring a false or forged instrument void when the interests of justice or protection of property rights require it.

  • Requires courts to decline voiding orders when a quiet title action or declaratory relief action has been filed by an interested party concerning the same false or forged instrument and involves a party claiming bona fide purchaser or encumbrancer status.

  • Specifies that final judgments from civil actions concerning the validity of false or forged instruments are binding on the criminal court.

  • Applies these changes to all pending motions and orders that have not yet been finalized as of the 2019-20 legislative session.

Legislative Description

Forged or false instruments.

Last Action

May 27 set for first hearing canceled at the request of author.

5/27/2020

Committee Referrals

Public Safety3/12/2020
Rules2/21/2020

Full Bill Text

No bill text available