California AB 655, for full text us link in State Menu

BILL NUMBER: AB 655 AMENDED
BILL TEXT

AMENDED IN SENATE  AUGUST 18, 2010
AMENDED IN SENATE  AUGUST 2, 2010
AMENDED IN SENATE  MAY 20, 2010
AMENDED IN ASSEMBLY  MAY 19, 2009
AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 25, 2009

   An act to amend Sections 21702.5, 21705, 21706, 21707, and 21709
of, and to repeal and add Section 21710 of, the Business and
Professions Code, relating to self-service storage facilities.


LEGISLATIVE COUNSEL'S DIGEST


   AB 655, as amended, Emmerson. Self-service storage facilities.
   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 by the 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 specify procedures for an occupant
to challenge a lien sale in court 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 require the sale
to be conducted in a commercially reasonable manner and would provide
for the disposition of excess proceeds . 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 .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.