Section § 1859

Explanation

This law says that people who run places like hotels, hospitals, or boarding houses are responsible for guests' personal property as a 'depositary for hire', meaning they are paid to keep things safe. However, their liability is limited. They can't be responsible for more than $1,000 total for lost or damaged items unless they agree in writing to more. The most they can be responsible for is $500 for a trunk and its contents, $250 each for a suitcase, box, or bag, and $250 for any other personal items.

The liability of an innkeeper, hotelkeeper, operator of a licensed hospital, rest home or sanitarium, furnished apartment house keeper, furnished bungalow court keeper, boardinghouse or lodginghouse keeper, for losses of or injuries to personal property, is that of a depositary for hire; provided, however, that in no case shall such liability exceed the sum of one thousand dollars ($1,000) in the aggregate. In no case shall liability exceed, for each item of described property, the respective sums of five hundred dollars ($500) for each trunk and its contents, two hundred fifty dollars ($250) for each valise or traveling bag and its contents, two hundred fifty dollars ($250) for each box, bundle or package and its contents, and two hundred fifty dollars ($250) for all other personal property of any kind, unless he shall have consented in writing with the owner thereof to assume a greater liability.

Section § 1860

Explanation

This law says that if a hotel or a similar business provides a fireproof safe for guests and informs them about it, either personally or through a visible notice, they aren't responsible for the loss of certain small, valuable items like money or jewelry unless those items are placed in the safe. The business's liability is limited to $500 for any loss if the items weren't deposited in the safe, unless they gave a written receipt for the items.

If an innkeeper, hotelkeeper, operator of a licensed hospital, rest home or sanitarium, boardinghouse or lodginghouse keeper, keeps a fireproof safe and gives notice to a guest, patient, boarder or lodger, either personally or by putting up a printed notice in a prominent place in the office or the room occupied by the guest, patient, boarder, or lodger, that he keeps such a safe and will not be liable for money, jewelry, documents, furs, fur coats and fur garments, or other articles of unusual value and small compass, unless placed therein, he is not liable, except so far as his own acts shall contribute thereto, for any loss of or injury to such articles, if not deposited with him to be placed therein, nor in any case for more than the sum of five hundred dollars ($500) for any or all such property of any individual guest, patient, boarder, or lodger, unless he shall have given a receipt in writing therefor to such guest, patient, boarder or lodger.

Section § 1861

Explanation

If you stay at a hotel, motel, inn, or similar place and owe money for your stay, the hotel can hold onto your belongings until you pay what you owe. This is called a lien. Before the hotel can sell your things to get their money back, they need a court judgment. If your stuff was borrowed or belonged to someone else when the charges were incurred, the hotel can't keep it. Also, certain personal items that are protected by other laws can't be part of this lien.

Hotel, motel, inn, boardinghouse, and lodginghouse keepers shall have a lien upon the baggage and other property belonging to or legally under the control of their guests, boarders, tenants, or lodgers which may be in such hotel, motel, inn, or boarding or lodging house for the proper charges due from such guests, boarders, tenants, or lodgers, for their accommodation, board and lodging and room rent, and such extras as are furnished at their request, and for all money paid for or advanced to such guests, boarders, tenants, or lodgers, and for the costs of enforcing such lien. The lien may be enforced only after final judgment in an action brought to recover such charges or moneys. During the pendency of the proceeding, the plaintiff may take possession of the baggage and property pursuant to a writ of possession as provided by Sections 1861.1 to 1861.27, inclusive. However, if any baggage or property becoming subject to the lien herein provided for does not belong to the guest, lodger, tenant, or boarder who incurred the charges or indebtedness secured thereby, at the time when such charges or indebtedness was incurred, and if the hotel, motel, inn, boarding or lodging house keeper entitled to such lien receives notice of such fact at any time before the sale of such baggage or property hereunder, then, and in that event, such baggage and property which is subject to said lien and did not belong to said guest, boarder, tenant, or lodger at the time when such charges or indebtedness was incurred shall not be subject to this lien.
Any property which is exempt from enforcement of a money judgment is not subject to the lien provided for in this section.

Section § 1861a

Explanation

This law allows landlords or managers of furnished and unfurnished apartments, cottages, or bungalow courts to have a lien, which is a legal claim, on a tenant's or guest's belongings if they owe money for rent, services, or other expenses. To enforce this lien, landlords must first win a court judgment. During this process, they may be allowed to take possession of the tenant's or guest's property if there's a risk it will be damaged or removed. If the debt isn't paid after a court decision, the landlord can auction the possessions. They must notify the debtor 15 days before the sale. After selling the items, any leftover money goes to the tenant or the county treasury if unclaimed. Property exempt from money judgment cannot be liened.

Keepers of furnished and unfurnished apartment houses, apartments, cottages, or bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants or guests in and to all property in the possession of such tenants or guests which may be in such apartment house, apartment, cottage, or bungalow court, for the proper charges due from such tenants or guests, for their accommodation, rent, services, meals, and such extras as are furnished at their request, and for all moneys expended for them, at their request, and for the costs of enforcing such lien.
Such lien may be enforced only after final judgment in an action brought to recover such charges or moneys. During the pendency of the proceeding, the plaintiff may take possession of such baggage and property upon an order issued by the court, where it appears to the satisfaction of the court from an affidavit filed by or on behalf of the plaintiff that the baggage or property is about to be destroyed, substantially devalued, or removed from the premises. Ten days written notice of the hearing on the motion for such order shall be served on the defendant and shall inform the defendant that the defendant may file affidavits on the defendant’s behalf and present testimony in the defendant’s behalf and that if the defendant fails to appear the plaintiff will apply to the court for such order. The plaintiff shall file an undertaking with good and sufficient sureties, to be approved by the court, in such sum as may be fixed by the court.
Upon such order, the plaintiff shall have the right to enter peaceably the unfurnished apartment house, apartment, cottage, or bungalow court used by the guest or tenant without liability to the guest or tenant, including any possible claim of liability for conversion, trespass, or forcible entry. The plaintiff shall have the same duties and liabilities as a depository for hire as to property which the plaintiff takes into possession. An entry shall be considered peaceable when accomplished with a key or passkey or through an unlocked door during the hours between sunrise and sunset. Unless the judgment shall be paid within 30 days from the date when it becomes final, the plaintiff may sell the baggage and property, at public auction to the highest bidder, after giving notice of such sale by publication of a notice containing the name of the debtor, the amount due, a brief description of the property to be sold, and the time and place of such sale, pursuant to Section 6064 of the Government Code in the county in which said apartment house, apartment, cottage, or bungalow court is situated, and after by mailing, at least 15 days prior to the date of sale, a copy of such notice addressed to such tenant or guest at the residence or other known address of the tenant or guest, and if not known, such notice shall be addressed to the tenant or guest at the place where such apartment house, apartment, cottage, or bungalow court is situated; and, after satisfying such lien out of the proceeds of such sale, together with any reasonable costs, that may have been incurred in enforcing said lien, the residue of said proceeds of sale, if any, shall, upon demand made within six months after such sale, be paid to such tenant or guest; and if not demanded within six months from the date of such sale, said residue, if any, shall be paid into the treasury of the county in which such sale took place; and if the same be not claimed by the owner thereof, or the owner’s legal representative within one year thereafter, it shall be paid into the general fund of the county; and such sale shall be a perpetual bar to any action against said keeper for the recovery of such baggage or property, or of the value thereof, or for any damages, growing out of the failure of such tenant or guest to receive such baggage or property.
When the baggage and property are not in the possession of the keeper as provided herein, such lien shall be enforced only in the manner provided for enforcement of a money judgment.
Any property which is exempt from enforcement of a money judgment is not subject to the lien provided for in this section.

Section § 1861.1

Explanation

This section defines key terms used in related laws about boarding and lodging. It clarifies what constitutes a hotel, motel, inn, boardinghouse, or lodginghouse keeper, essentially anyone offering paid accommodations. It also defines a 'levying officer' as a sheriff or marshal responsible for carrying out a court order to reclaim property. Additionally, the term 'plaintiff' is identified as anyone who files a legal complaint or counterclaim. Lastly, 'probable validity' is explained as the likelihood that the plaintiff will win the case against the defendant.

Definitions for purposes of Sections 1861 through 1861.27 include the following:
(a)CA Civil Law Code § 1861.1(a) “Hotel”, “motel”, “inn”, “boardinghouse”, and “lodginghouse keeper” means any person, corporation, partnership, unincorporated association, public entity, or agent of any of the aforementioned, who offers and accepts payment for rooms, sleeping accommodations, or board and lodging and retains the right of access to, and control of, the dwelling unit.
(b)CA Civil Law Code § 1861.1(b) “Levying officer” means the sheriff or marshal who is directed to execute a writ of possession issued pursuant to this article.
(c)CA Civil Law Code § 1861.1(c) “Plaintiff” means any party filing a complaint or cross complaint.
(d)CA Civil Law Code § 1861.1(d) “Probable validity” means that the plaintiff, more likely than not, will obtain a judgment against the defendant on the plaintiff’s claim.

Section § 1861.10

Explanation

If you're in a situation where someone wants to reclaim possession of property like what's in a hotel or boardinghouse, they must meet several conditions at a hearing. First, they have to show a good reason (probable validity) for claiming the property. Second, they need proof that the property is actually on the premises. Lastly, a bond or guarantee, known as an undertaking, is required. A writ allows property to be reclaimed only if there's probable cause to believe the property is there.

(a)CA Civil Law Code § 1861.10(a) At the hearing a writ of possession shall issue if all of the following are found:
(1)CA Civil Law Code § 1861.10(a)(1) The plaintiff has established the probable validity of his claim to possession of the property of the tenant, boarder, or lodger.
(2)CA Civil Law Code § 1861.10(a)(2) That the property which is described within the application for the writ is located on the premises of the motel, hotel, boardinghouse or lodginghouse.
(3)CA Civil Law Code § 1861.10(a)(3) The plaintiff has provided an undertaking as required by Section 1861.21.
(b)CA Civil Law Code § 1861.10(b) No writ directing the levying officer to enter any premises to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that such property is located there.

Section § 1861.12

Explanation

This law explains how a writ of possession should be handled. It's a legal order specifying that an officer should seize property from a specific location. The order must describe the property and locations like an apartment or motel where the property can be found. The officer must keep the property until it's either released or sold. It also informs the defendant, who is the person losing the property, about their right to challenge the order or retrieve their property by following certain procedures.

The writ of possession shall meet all of the following requirements:
(a)CA Civil Law Code § 1861.12(a) Be directed to the levying officer within whose jurisdiction the property is located.
(b)CA Civil Law Code § 1861.12(b) Generally describe the property to be seized.
(c)CA Civil Law Code § 1861.12(c) Specify the apartment, motel, or other boarding premises that may be entered to take possession of the property, or some part of it.
(d)CA Civil Law Code § 1861.12(d) Direct the levying officer to levy on the property pursuant to Section 1861.18 if found on the described premises, and to retain custody of it until released or sold pursuant to Section 1861.19.
(e)CA Civil Law Code § 1861.12(e) Inform the defendant of the right to object to the plaintiff’s undertaking, a copy of which shall be attached to the writ, or to obtain the delivery of the property by filing an undertaking as prescribed by Section 1861.22.

Section § 1861.13

Explanation

This law says that if a defendant doesn't fight against a writ of possession—essentially a court order about property—or doesn't challenge evidence the plaintiff presents, it doesn't mean they're giving up their right to defend themselves later. They can still bring up defenses and present or challenge evidence in future trials or related actions.

Neither the failure of the defendant to oppose the issuance of a writ of possession under this article, nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this article, shall constitute a waiver of any defense to the plaintiff’s claim in the action, or any other action, or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action.

Section § 1861.14

Explanation

This law says that decisions made by the court for this specific article don't impact any other issues in the case, only the ones relevant to this article. Additionally, these decisions can't be used as evidence or mentioned in any trial related to the same claim.

The determinations of the court under this article shall have no effect on the determination of any issues in the action, other than the issues relevant to proceedings under this article, nor shall they affect the rights of any party in any other action arising out of the same claim. The determinations of the court under this article shall not be given in evidence, or referred to in the trial.

Section § 1861.15

Explanation

If someone sues to get property back but loses the case, they must return the property to the original owner and pay for any damages caused by things like temporary restraining orders, getting a writ of possession, or taking the property temporarily.

If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant, and be liable for all damages sustained by the defendant, which are proximately caused by operation of the temporary restraining order and preliminary injunction, if any, the levy of the writ of possession, and the loss of possession of the property pursuant to the levy of the writ of possession.

Section § 1861.16

Explanation

This law talks about how a person (the plaintiff) can ask the court for a temporary restraining order when they want to take back possession of some property. To get this order without notifying the other party (ex parte), the plaintiff must show they likely own the property, have provided a legal promise (an undertaking), and that there's a risk the property might be hidden, moved, or damaged. If the court hearing decides that the plaintiff doesn't have the right to take the property, any temporary order is canceled. Otherwise, a longer restraining order can be put in place until the property is officially reclaimed.

(a)CA Civil Law Code § 1861.16(a) At or after the time he files an application for a writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the application a statement of grounds justifying the issuance of such order.
(b)CA Civil Law Code § 1861.16(b) A temporary restraining order may issue ex parte if all the following are found:
(1)CA Civil Law Code § 1861.16(b)(1) The plaintiff has established the probable validity of his claim and entitlement to possession of the property, pursuant to an innkeepers’ lien.
(2)CA Civil Law Code § 1861.16(b)(2) The plaintiff has provided an undertaking as required by Section 1861.21.
(3)CA Civil Law Code § 1861.16(b)(3) The plaintiff has established the probable validity that there is an immediate danger that the property claimed may become unavailable to levy by reason of being transferred, concealed, or removed, or may become substantially impaired in value.
(c)CA Civil Law Code § 1861.16(c) If at the hearing on the issuance of the writ of possession the court determines that the plaintiff is not entitled to a writ of possession, the court shall dissolve any temporary restraining order; otherwise, the court may issue a preliminary injunction to remain in effect until the property claimed is seized pursuant to the writ of possession.

Section § 1861.17

Explanation

This law section allows a court to issue a temporary restraining order to prevent someone from handling certain property in ways that could affect legal proceedings. It can stop them from selling or giving away the property, hiding it to avoid legal seizure, or damaging its value through neglect or damage.

In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following:
(a)CA Civil Law Code § 1861.17(a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of, or encumbering, the property.
(b)CA Civil Law Code § 1861.17(b) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer.
(c)CA Civil Law Code § 1861.17(c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner.

Section § 1861.18

Explanation

This law explains what happens when an officer takes possession of property on behalf of someone who has won a court order. If someone is there when the officer arrives, they must be given the court order and a statement showing the winner's promise to follow through. If no one is there, the officer must give these documents to the defendant later. If the defendant has already participated in the lawsuit, they get the documents in the usual way for legal papers. If they haven't, they get them as they would a formal notice to start a lawsuit.

(a)CA Civil Law Code § 1861.18(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, with a copy of the plaintiff’s undertaking attached.
(b)CA Civil Law Code § 1861.18(b) If no one is in possession of the property at the time of levy, the levying officer shall subsequently serve the writ and attached undertaking on the defendant. If the defendant has appeared in the action, service shall be accomplished in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. If the defendant has not appeared in the action, service shall be accomplished in the manner provided for the service of summons and complaint by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.

Section § 1861.19

Explanation

This law is about what happens to property after a court order called a 'writ of possession' is issued. After a sheriff or officer takes the property, the officer keeps it secure. If no one objects to this within 10 days, the officer can give it back to the person who won the case if they pay certain fees. If someone challenges the process or tries to get the property returned, then the officer holds onto it until the issue is resolved. The court can also order the sale of the property if it's at risk of losing value, unless there’s an agreement between the parties. The money from the sale would be held until the court decides who wins the case.

(a)CA Civil Law Code § 1861.19(a) After the levying officer takes possession pursuant to the writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided in Section 1861.6:
(1)CA Civil Law Code § 1861.19(a)(1) If notice of the filing of an undertaking for redelivery or notice of objection to the undertaking is not received by the levying officer within 10 days after levy of the writ of possession, the levying officer shall deliver the property to plaintiff, upon receiving the fees for taking, and necessary expenses for keeping, the property.
(2)CA Civil Law Code § 1861.19(a)(2) If notice of the filing of an undertaking for redelivery is received by the levying officer within 10 days after levy of the writ of possession, and no objection is made to the defendant’s undertaking, the levying officer shall redeliver the property to defendant upon expiration of the time to object, upon receiving the fees for taking and necessary expenses for keeping the property not already paid or advanced by the plaintiff.
(3)CA Civil Law Code § 1861.19(a)(3) If notice of objection to the plaintiff’s undertaking or notice of the filing of an undertaking for redelivery is received within 10 days after levy of the writ of possession, and objection is made to the defendant’s undertaking, the levying officer shall not deliver or redeliver the property until the time provided in Section 1861.23.
(b)CA Civil Law Code § 1861.19(b) Notwithstanding subdivision (a), when not otherwise provided by contract, and where an undertaking for redelivery has not been filed, upon a showing that the property is perishable, or will greatly deteriorate or depreciate in value, or for some other reason that the interest of the parties will be best served thereby, the court may order that the property be sold and the proceeds deposited in the court to abide the judgment in the action.

Section § 1861.20

Explanation

This law says that when a levying officer takes action to seize property based on a writ of possession, they must report back to the court with what they've done within 30 days of seizing the property. However, they absolutely have to report back within 60 days after the writ was first issued, no matter what.

The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending, within 30 days after a levy, but in no event more than 60 days after the writ is issued.

Section § 1861.21

Explanation

Before a court can issue a temporary restraining order or give someone possession of property, the person asking for it must file a guarantee called an 'undertaking.' This guarantee involves backing up the promise to return the property if ordered by the court and paying any other losses if they lose the case. The amount of this promise must be at least double the value of the property in question.

The court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed with the court an undertaking. The undertaking shall provide that the sureties are bound to the defendant in the amount of the undertaking for the return of the property to the defendant, if the return thereof be ordered, and for the payment to the defendant of any sum recovered against plaintiff. The undertaking shall be in an amount not less than twice the value of the property.

Section § 1861.22

Explanation

This section explains how a defendant can prevent or reverse the possession of their property by a plaintiff. If a writ of possession has been issued, the defendant can file an undertaking with the court, which is a type of financial guarantee. This undertaking must be equal to what the plaintiff is required to pay by another section of the law. It assures that if the plaintiff wins, the defendant will cover all costs and damages related to not having the property. The defendant can file this undertaking any time before or after the writ is enforced and must send a copy to the officer enforcing the writ. If the undertaking is not challenged, the officer or plaintiff must return the property to the defendant. If there is an objection, another section will determine what happens next.

(a)CA Civil Law Code § 1861.22(a) The defendant may prevent the plaintiff from taking possession of property, pursuant to a writ of possession, or regain possession of property so taken, by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff’s undertaking required by Section 1861.21. The undertaking shall state that, if the plaintiff recovers judgment on the action, the defendant shall pay all costs awarded to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of possession of the property, not exceeding the amount of the undertaking.
(b)CA Civil Law Code § 1861.22(b) The defendant’s undertaking may be filed at any time before or after the levy of the writ of possession. The defendant shall mail a copy of the undertaking to the levying officer.
(c)CA Civil Law Code § 1861.22(c) If an undertaking for redelivery is filed, and no objection is made to the undertaking, the levying officer shall deliver the property to the defendant, or, if the plaintiff has previously been given possession of the property, the plaintiff shall deliver the property to the defendant. If an undertaking for redelivery is filed and an objection to the undertaking is made, the provisions of Section 1861.23 apply.

Section § 1861.23

Explanation

This law section describes what happens when someone objects to a legal promise, called an 'undertaking,' during a legal dispute about possession of property. If you're the person being sued (the defendant), you have 10 days after the property is taken to object, and if you're the one suing (the plaintiff), you have 10 days after the defendant's undertaking is filed to do the same. If the court finds the plaintiff's promise isn't good enough and they don't fix it in time, any restraining orders or claims to possession are canceled, and the property goes back to the defendant. But if it's sufficient, the property stays with or goes to the plaintiff. On the flip side, if the defendant's promise isn't sufficient and they don't fix it, the property goes to or stays with the plaintiff; if it is sufficient, it goes to the defendant.

(a)CA Civil Law Code § 1861.23(a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer.
(b)CA Civil Law Code § 1861.23(b) The plaintiff may object to the defendant’s undertaking not later than 10 days after the defendant’s undertaking is filed. The plaintiff shall mail notice of objection to the levying officer .
(c)CA Civil Law Code § 1861.23(c) If the court determines that the plaintiff’s undertaking is not sufficient and a sufficient undertaking is not given within the time provided by statute, the court shall vacate the temporary restraining order or preliminary injunction, if any, and the writ of possession and, if levy has occurred, order the levying officer or the plaintiff to return the property to the defendant. If the court determines that the plaintiff’s undertaking is sufficient, the court shall order the levying officer to deliver the property to the plaintiff.
(d)CA Civil Law Code § 1861.23(d) If the court determines that the defendant’s undertaking is not sufficient and a sufficient undertaking is not given within the time required by statute, the court shall order the levying officer to deliver the property to the plaintiff, or, if the plaintiff has previously been given possession of the property, the plaintiff shall retain possession. If the court determines the defendant’s undertaking is sufficient, the court shall order the levying officer or the plaintiff to deliver the property to the defendant.

Section § 1861.24

Explanation

If a judgment isn’t paid within 30 days, the person owed money (the plaintiff) can sell the debtor’s baggage or property at a public auction. They must publish a notice with details about the debtor, the debt, and the auction. A copy of this notice should be mailed to the debtor at least 15 days before the sale. After deducting costs, leftover auction money goes to the county treasury if not claimed within a year, then into the county’s general fund. Once sold, the debtor can't sue to get the property back.

Unless the judgment is paid within 30 days from the date it becomes final, the plaintiff may sell the baggage and property at public auction to the highest bidder, after giving notice of the sale by publication. The notice shall contain the name of the debtor, the amount due, a brief description of the property to be sold, and the time and place of sale, in the manner required by Section 6061 of the Government Code in the county in which the premises are situated. A copy of the notice shall be mailed, at least 15 days prior to the date of sale, to the tenant or guest at his or her residence or other known address, and if not known, to the tenant or guest at the place where the premises are situated. After satisfying the lien out of the proceeds of the sale, together with any reasonable costs that may have been incurred in enforcing the lien, the balance of the proceeds of the sale, if any, which have not been claimed by the tenant or guest shall, within 30 days from the date of the sale, be paid into the treasury of the county in which the sale took place. If that balance is not claimed by the owner thereof, or his legal representative, within one year thereafter, by making application to the treasurer or other official designated by the county, it shall be paid into the general fund of the county. Any sale conducted pursuant to this section shall be a bar to any action against the plaintiff for the recovery of the baggage or property, or of the value thereof, or for any damages arising out of the failure of the tenant or guest to receive the baggage or property.

Section § 1861.25

Explanation

If someone else says they own property that has been taken, the same rules that apply to third-party property claims in a different part of the law should be followed. These rules are found starting at Section 720.010 in the Code of Civil Procedure.

Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 of Part 2 of the Code of Civil Procedure apply.

Section § 1861.27

Explanation

This section requires that affidavits related to this article clearly and specifically state the facts. The person making the affidavit must be able to truthfully and knowledgeably testify about these facts if they were a witness. Anyone who knows the facts, not just those involved in the case, can make the affidavit. Additionally, a verified complaint that meets these conditions can replace or accompany a typical affidavit.

The facts stated in each affidavit filed pursuant to this article shall be set forth with particularity. Except where matters are specifically permitted by this article to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. The affiant may be any person, whether or not a party to this action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of, or in addition to, an ordinary affidavit.

Section § 1861.28

Explanation

This section clarifies that certain court-related tasks mentioned here are considered "subordinate judicial duties" and can be handled by appointed officers like court commissioners, instead of judges.

The judicial duties to be performed under this article are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution, and may be performed by appointed officers such as court commissioners.

Section § 1861.5

Explanation

This law section outlines the process for a plaintiff to request a writ of possession, which is a legal document that allows them to reclaim possession of property they're entitled to. First, the plaintiff must file an application with the same court handling their case. The application needs to be under oath and include several things: why the plaintiff has a right to the property, a general description with its estimated value, and how much money is owed by the other party like a guest or tenant. The necessary information can be provided through sworn statements known as affidavits.

(a)CA Civil Law Code § 1861.5(a) Upon the filing of a complaint, or at any time thereafter, the plaintiff may apply, pursuant to this article, for a writ of possession by filing an application for the writ with the court in which the action was filed.
(b)CA Civil Law Code § 1861.5(b) The application shall be executed under oath and shall include all of the following:
(1)CA Civil Law Code § 1861.5(b)(1) A showing of the basis of the plaintiff’s claim, including a showing that the plaintiff is entitled to possession of the property claimed pursuant to an innkeepers’ lien.
(2)CA Civil Law Code § 1861.5(b)(2) A general description of the property and a statement of its value.
(3)CA Civil Law Code § 1861.5(b)(3) A statement of the amount of money claimed to be owed by the guest, lodger, tenant, or boarder.
(c)CA Civil Law Code § 1861.5(c) The requirements of subdivision (b) may be satisfied by one or more affidavits filed with the application.

Section § 1861.6

Explanation

This section of the law outlines the rules for issuing a 'writ of possession,' which allows someone, usually a lender or landlord, to take possession of property. Normally, a hearing is required for this to happen. However, it can sometimes be issued without one if it is urgent and meets certain conditions: the property isn’t essential for the defendant’s support, there's a risk it could be hidden or destroyed, and the person asking for it has a good reason to claim it. The defendant must be notified and can challenge the writ. If the court decides the writ was wrongly issued, the defendant can get the property back and might be awarded damages.

(a)CA Civil Law Code § 1861.6(a) Except as otherwise provided in this section, no writ shall be issued under this article except after a hearing on a noticed motion.
(b)CA Civil Law Code § 1861.6(b) A writ of possession may be issued ex parte pursuant to this subdivision, if probable cause appears that the following conditions exist:
(1)CA Civil Law Code § 1861.6(b)(1) The property is not necessary for the support of the defendant or his family;
(2)CA Civil Law Code § 1861.6(b)(2) There is an immediate danger that the property will become unavailable to levy, by reason of being transferred, concealed, or removed from the state, or the premises of the motel, hotel, inn, boardinghouse, or lodginghouse, or will become substantially impaired in value by acts of destruction or by failure to take care of the property in a reasonable manner; and
(3)CA Civil Law Code § 1861.6(b)(3) The ex parte issuance of a writ of possession is necessary to protect the property.
(4)CA Civil Law Code § 1861.6(b)(4) The plaintiff establishes the probable validity of the plaintiff’s claim.
The plaintiff’s application for the writ shall satisfy the requirements of Section 1861.5 and, in addition, shall include a showing that the conditions required by this subdivision exist. A writ of possession may issue if the court finds that the conditions required by this subdivision exist, and the requirements of Section 1861.5 are met. Where a writ of possession has been issued pursuant to this subdivision, a copy of the summons and complaint, a copy of the application and any affidavit in support thereof, and a notice which satisfies the requirements of subdivisions (b) and (c) of Section 1861.8 and informs the defendant of his rights under this subdivision shall be served upon the defendant, and any other person required by Section 1861.8 to be served with a writ of possession. Any defendant whose property has been taken pursuant to a writ of possession issued under this subdivision may apply for an order that the writ be quashed, and any property levied on pursuant to the writ be released. Such application shall be made by noticed motion, and the provisions of Section 1861.9 shall apply. Pending the hearing of the defendant’s application, the court may order that delivery pursuant to Section 1861.19 of any property previously levied upon be stayed. If the court determines that the plaintiff is not entitled to a writ of possession, the court shall quash the writ of possession and order the release and redelivery of any property previously levied upon, and shall award the defendant any damages sustained by the defendant which were proximately caused by the levy of the writ of possession and the loss of possession of the property pursuant to such levy.

Section § 1861.7

Explanation

Before a specific court hearing, the defendant must get several important documents. These include a copy of the summons and complaint, a notice about the application and hearing, and a copy of the application along with any supporting affidavits submitted.

Prior to the hearing required by subdivision (a) of Section 1861.6, the defendant shall be served with all of the following:
(a)CA Civil Law Code § 1861.7(a) A copy of the summons and complaint.
(b)CA Civil Law Code § 1861.7(b) Notice of application and hearing.
(c)CA Civil Law Code § 1861.7(c) A copy of the application and any affidavit filed in support thereof.

Section § 1861.8

Explanation
This law section describes the notice that must be given to a defendant about a court hearing regarding a plaintiff's request to take possession of property. The notice will specify when and where the hearing will take place. It explains that if the court believes the plaintiff's claim is likely valid and meets certain criteria, a writ (or legal order) to take possession can be issued. However, this hearing won't decide the claim's overall validity, which will be determined later. If the defendant wants to oppose the writ, they need to submit evidence or a financial undertaking to the court. The notice includes a bold statement advising the defendant to consider getting a lawyer if they doubt the plaintiff’s right to the property.
The “Notice of Application and Hearing” shall inform the defendant of all of the following:
(a)CA Civil Law Code § 1861.8(a) The hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for writ of possession.
(b)CA Civil Law Code § 1861.8(b) The writ shall be issued if the court finds that the plaintiff’s claim has probable validity and the other requirements for issuing the writ are established. The hearing is not for the purpose of determining whether the claim is actually valid; such determination shall be made in subsequent proceedings in the action.
(c)CA Civil Law Code § 1861.8(c) If the defendant desires to oppose the issuance of the writ, he shall file with the court either an affidavit providing evidence sufficient to defeat the plaintiff’s right to issuance of the writ, or an undertaking to stay the delivery of the property in accordance with Section 1861.22.
(d)CA Civil Law Code § 1861.8(d) The notice shall contain the following statement in 10-point bold type:
“If you believe the plaintiff may not be entitled to possession of the property claimed, you may wish to seek the advice of an attorney. Such attorney should be consulted promptly so that he may assist you before the time set for the hearing.”

Section § 1861.9

Explanation

This law explains that before a court hearing, each side must share with the court and each other any written statements and legal arguments they plan to use. At the hearing, the court will make decisions based on these documents, but if there’s a good reason, the court can allow more evidence and arguments to be presented or postpone the hearing to gather more information.

Each party shall file with the court and serve upon the other party within the time prescribed by rule, any affidavits and points and authorities intended to be relied upon at the hearing. At the hearing, the court shall make its determination upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider additional evidence and authority produced at the hearing, or may continue the hearing for the production of additional evidence, oral or documentary, and the filing of other affidavits or points and authorities.

Section § 1862.5

Explanation
If someone leaves personal belongings at a hospital and doesn't claim them within 180 days, the hospital can sell those items at a public auction. Before the sale, the hospital must send a written notice to the last known owner. After selling, the hospital can use the money to cover storage costs, sale expenses, and any other charges the owner owes. If there's extra money, it goes to the county treasury after a year if the owner doesn't claim it. Following these rules protects the hospital from being held liable for selling the items.
Whenever any personal property has heretofore been found in or deposited with, or is hereafter found in or deposited with any licensed hospital and has remained or shall remain unclaimed for a period of 180 days following the departure of the owner from the hospital, such hospital may proceed to sell the same at public auction, and out of the proceeds of such sale may retain the charges for storage, if any, the reasonable expenses of sale thereof and all sums due the hospital from the last known owner. No such sale shall be made until the expiration of four weeks from the time written notice of such sale is given to the last known owner. Said notice shall contain a description of each item of personal property to be sold, the name of the last owner, the name of the hospital and the time and place of sale and may be sent by regular mail, postage prepaid, to the last known owner at his last known address. In case there should be any balance from such sale after the deductions herein provided for, and such balance shall not be claimed by the rightful owner or his legal representative within one week of said sale, the same shall be paid into the treasury of the county wherein said hospital is located; and if the same be not claimed by the owner thereof, or his legal representative within one year thereafter, the same shall be paid into the general fund of said county. Proceedings in substantial compliance with this section shall exonerate the hospital from any liability for property so sold. This section shall not be construed as limiting or in any way amending any other provision of law limiting the liabilities of any licensed hospital.

Section § 1863

Explanation

If you own a hotel, inn, or similar place, you must post the room rates clearly in the entrance area and each bedroom. You can't charge more than this listed rate. If you do, the guest can claim either $100 or triple the extra amount they were overcharged, whichever is higher, but they need to tell you within 30 days of paying. You must then fix the overcharge to avoid the penalty.

(a)CA Civil Law Code § 1863(a) Every keeper of a hotel, inn, boardinghouse or lodginghouse, shall post in a conspicuous place in the office or public room, and in every bedroom of said hotel, boardinghouse, inn, or lodginghouse, a printed copy of this section, and a statement of rate or range of rates by the day for lodging.
(b)CA Civil Law Code § 1863(b) No charge or sum shall be collected or received for any greater sum than is specified in subdivision (a). For any violation of this subdivision, the offender shall forfeit to the injured party one hundred dollars ($100) or three times the amount of the sum charged in excess of what he is entitled to, whichever is greater. There shall be no forfeiture under this subdivision unless notice be given of the overcharge to such keeper within 30 days after payment of such charges and such keeper shall fail or refuse to make proper adjustment of such overcharge.

Section § 1864

Explanation

This law is about how people or companies, such as those working for real estate brokers, handle short-term rental reservations and payments in certain types of properties, like condos, apartments, and homes. They must keep detailed financial records, follow agreements with property owners, and maintain a trust account for the rental money. Each month, they must give property owners an account of money transactions and must allow property owners to inspect these records, which should be kept for at least three years. They also need to comply with any local taxes on short-term stays. However, these activities don't classify them under a separate set of real estate business laws, though licensed real estate agents can comply by following the Real Estate Law.

Any person or entity, including a person employed by a real estate broker, who, on behalf of another or others, solicits or arranges, or accepts reservations or money, or both, for transient occupancies described in paragraphs (1) and (2) of subdivision (b) of Section 1940, in a dwelling unit in a common interest development, as defined in Section 4100, in a dwelling unit in an apartment building or complex, or in a single-family home, shall do each of the following:
(a)CA Civil Law Code § 1864(a) Prepare and maintain, in accordance with a written agreement with the owner, complete and accurate records and books of account, kept in accordance with generally accepted accounting principles, of all reservations made and money received and spent with respect to each dwelling unit. All money received shall be kept in a trust account maintained for the benefit of owners of the dwelling units.
(b)CA Civil Law Code § 1864(b) Render, monthly, to each owner of the dwelling unit, or to that owner’s designee, an accounting for each month in which there are any deposits or disbursements on behalf of that owner, however, in no event shall this accounting be rendered any less frequently than quarterly.
(c)CA Civil Law Code § 1864(c) Make all records and books of account with respect to a dwelling unit available, upon reasonable advance notice, for inspection and copying by the dwelling unit’s owner. The records shall be maintained for a period of at least three years.
(d)CA Civil Law Code § 1864(d) Comply fully with all collection, payment, and recordkeeping requirements of a transient occupancy tax ordinance, if any, applicable to the occupancy.
(e)CA Civil Law Code § 1864(e) In no event shall any activities described in this section subject the person or entity performing those activities in any manner to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code. However, a real estate licensee subject to this section may satisfy the requirements of this section by compliance with the Real Estate Law.

Section § 1865

Explanation

This law explains the rights of hotel owners or managers, called innkeepers, to evict guests who don't leave by the checkout time, as long as they were warned in writing and another guest has a right to the room. It also describes how innkeepers can manage situations involving minors. If a minor is unaccompanied, innkeepers can ask a responsible adult to agree to cover any costs or damages. If a minor is staying with an adult, the innkeeper can require the adult to not leave the minor unattended and to ensure they behave properly during the stay.

(a)CA Civil Law Code § 1865(a) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it shall not include any residential hotel as defined in Section 50519 of the Health and Safety Code. “Innkeeper” means the owner or operator of a hotel, or the duly authorized agent or employee of the owner or operator.
(b)CA Civil Law Code § 1865(b) For purposes of this section, “guest” means, and is specifically limited to, an occupant of a hotel whose occupancy is exempt, pursuant to subdivision (b) of Section 1940, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3.
(c)CA Civil Law Code § 1865(c) In addition to, and not in derogation of, any other provision of law, every innkeeper shall have the right to evict a guest in the manner specified in this subdivision if the guest refuses or otherwise fails to fully depart the guest room at or before the innkeeper’s posted checkout time on the date agreed to by the guest, but only if both of the following conditions are met:
(1)CA Civil Law Code § 1865(c)(1) If the guest is provided written notice, at the time that he or she was received and provided accommodations by the innkeeper, that the innkeeper needs that guest’s room to accommodate an arriving person with a contractual right thereto, and that if the guest fails to fully depart at the time agreed to the innkeeper may enter the guest’s guest room, take possession of the guest’s property, re-key the door to the guest room, and make the guest room available to a new guest. The written notice shall be signed by the guest.
(2)CA Civil Law Code § 1865(c)(2) At the time that the innkeeper actually undertakes to evict the guest as specified in this subdivision, the innkeeper in fact has a contractual obligation to provide the guest room to an arriving person.
In the above cases, the innkeeper may enter the guest’s guest room, take possession of the guest’s property, re-key the door to the guest room, and make the guest room available to a new guest. The evicted guest shall be entitled to immediate possession of his or her property upon request therefor, subject to the rights of the innkeeper pursuant to Sections 1861 to 1861.28, inclusive.
(d)CA Civil Law Code § 1865(d) As pertains to a minor, the rights of an innkeeper include, but are not limited to, the following:
(1)CA Civil Law Code § 1865(d)(1) Where a minor unaccompanied by an adult seeks accommodations, the innkeeper may require a parent or guardian of the minor, or another responsible adult, to assume, in writing, full liability for any and all proper charges and other obligations incurred by the minor for accommodations, food and beverages, and other services provided by or through the innkeeper, as well as for any and all injuries or damage caused by the minor to any person or property.
(2)CA Civil Law Code § 1865(d)(2) Where a minor is accompanied by an adult, the innkeeper may require the adult to agree, in writing, not to leave any minor 12 years of age or younger unattended on the innkeeper’s premises at any time during their stay, and to control the minor’s behavior during their stay so as to preserve the peace and quiet of the innkeeper’s other guests and to prevent any injury to any person and damage to any property.

Section § 1866

Explanation

This law outlines the rules for evicting guests from special occupancy parks, like campsites or RV parks. Park management can make guests leave if they don't check out on time, especially if the space is needed for new arrivals. Guests must be warned in writing and offered alternative options if available. If they still don't leave, park management can remove their belongings. For vehicles, there's a face-to-face warning about the cost of towing, and guests get an extra two hours to move. If a guest can't move their vehicle due to physical issues or mechanical problems, they get 72 extra hours. Special rules apply for minors, and the adult with them must take responsibility for their actions and ensure they're not left alone.

(a)CA Civil Law Code § 1866(a) For purposes of this section, the following definitions apply:
(1)CA Civil Law Code § 1866(a)(1) “Camping cabin” has the same meaning as in Section 18862.5 of the Health and Safety Code.
(2)CA Civil Law Code § 1866(a)(2) “Campsite” has the same meaning as in Section 18862.9 of the Health and Safety Code.
(3)CA Civil Law Code § 1866(a)(3) “Guest” is interchangeable with “occupant” and has the same meaning as used in Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 1.
(4)CA Civil Law Code § 1866(a)(4) “Lot” has the same meaning as in Section 18862.23 of the Health and Safety Code.
(5)CA Civil Law Code § 1866(a)(5) “Motor vehicle” has the same meaning as in Section 415 of the Vehicle Code.
(6)CA Civil Law Code § 1866(a)(6) “Occupant” is interchangeable with “guest” and has the same meaning as used in Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 1.
(7)CA Civil Law Code § 1866(a)(7) “Park trailer” has the same meaning as in Section 18009.3 of the Health and Safety Code.
(8)CA Civil Law Code § 1866(a)(8) “Recreational vehicle” has the same meaning as in Section 18010 of the Health and Safety Code.
(9)CA Civil Law Code § 1866(a)(9) “Site” means the campsite, camping cabin, lot, or rental unit.
(10)CA Civil Law Code § 1866(a)(10) “Special occupancy park” has the same meaning as in Section 18862.43 of the Health and Safety Code.
(11)CA Civil Law Code § 1866(a)(11) “Tent” has the same meaning as in Section 18862.49 of the Health and Safety Code.
(b)Copy CA Civil Law Code § 1866(b)
(1)Copy CA Civil Law Code § 1866(b)(1) Notwithstanding any other provision of law, the park management of a special occupancy park shall have the right to evict a guest if the guest refuses or otherwise fails to fully depart from the campsite, camping cabin, lot, or other rental unit at the park management’s posted checkout time on the date agreed to by the guest, but only if the following conditions are met:
(A)CA Civil Law Code § 1866(b)(1)(A) The guest is provided with written notice, at the time that he or she was provided accommodations by the park management, that the park management needs that guest’s campsite, camping cabin, lot, or rental unit to accommodate an arriving person with a contractual right thereto, and that if the guest fails to fully depart at the time agreed to, the park management may take possession of the guest’s property left in the site, subject to the limits of paragraph (2), including any tent, park trailer, or recreational vehicle, and make the campsite, camping cabin, lot, or rental unit available to new guests. The written notice shall be signed by the guest.
(B)Copy CA Civil Law Code § 1866(b)(1)(B)
(i)Copy CA Civil Law Code § 1866(b)(1)(B)(i) At the time that the park management actually undertakes to evict the guest as specified in this subdivision, the park management has a contractual obligation to provide the guest’s campsite, camping cabin, lot, or rental unit to an arriving person and there are no other substantially similar campsites, camping cabins, lots, or rental units available for the arriving person.
(ii)CA Civil Law Code § 1866(b)(1)(B)(i)(ii) Subject to the same requirements described in subparagraph (i), a guest may be provided with the notice described in subparagraph (A) subsequent to the time he or she was provided accommodations by park management, if the notice is provided at least 24 hours prior to the guest’s scheduled checkout time. If park management provides a notice under this subparagraph in bad faith or with the knowledge that the contractual obligation is not a bona fide obligation, it shall be liable to the evicted guest for actual damages, plus a civil penalty of two hundred fifty dollars ($250).
(C)CA Civil Law Code § 1866(b)(1)(C) At the time that the park management actually undertakes to evict the guest as specified in this subdivision, the park management offers another campsite, camping cabin, lot, or rental unit to the guest, if one is available.
(2)CA Civil Law Code § 1866(b)(2) In addition to the requirements of paragraph (1), in order for management to remove a recreational vehicle or motor vehicle, the park management shall do all of the following:
(A)CA Civil Law Code § 1866(b)(2)(A) Management shall have an oral, face-to-face communication with the registered guest after the guest has held over that does all of the following:
(i)CA Civil Law Code § 1866(b)(2)(A)(i) Alerts the guest that he or she is in violation of the terms of the reservation because he or she has failed to depart the site at the agreed-upon time.
(ii)CA Civil Law Code § 1866(b)(2)(A)(ii) Reminds the guest that failure to remove a recreational vehicle, motor vehicle, or any other property from the space within two hours may result in the park management removing the recreational vehicle, motor vehicle, or any other property.
(iii)CA Civil Law Code § 1866(b)(2)(A)(iii) Discloses that the cost of towing a recreational vehicle or motor vehicle is substantial and that these costs will be incurred by the guest.
(iv)CA Civil Law Code § 1866(b)(2)(A)(iv) Identifies another location in the park to which the guest may temporarily move his or her recreational vehicle or motor vehicle.
(B)CA Civil Law Code § 1866(b)(2)(B) The park management gives the guest two hours after the park management has communicated with the guest, pursuant to subparagraph (A), to remove the guest’s recreational vehicle, motor vehicle, or other property from the site.
(c)CA Civil Law Code § 1866(c) Except as provided in subdivision (f), if the conditions specified in subdivision (b) are met, the park management may take possession of the guest’s property left at the site and have the guest’s recreational vehicle or motor vehicle towed from the special occupancy park and make the guest’s campsite, camping cabin, lot, or rental unit available to a new guest. Park management may enter a campsite, camping cabin, park trailer, lot, or rental unit owned by the park management to take possession of the guest’s possessions. The evicted guest shall be entitled to immediate possession of his or her property upon request, subject to the enforcement rights of the park management, which are the same as those accorded to a hotel, motel, inn, boarding house, or lodging housekeeper, pursuant to Sections 1861 to 1861.28, inclusive. If a guest’s recreational vehicle or motor vehicle has been towed from the premises, the guest shall be entitled to immediate possession of his or her vehicle upon request, subject to the conditions of the towing company.
(d)CA Civil Law Code § 1866(d) When the park management moves or causes the removal of a guest’s recreational vehicle, motor vehicle, or other property, the management and the individual or entity that removes the recreational vehicle, motor vehicle, or other property shall exercise reasonable and ordinary care in removing the recreational vehicle, motor vehicle, or other property.
(e)CA Civil Law Code § 1866(e) This section does not apply to a manufactured home, as defined in Section 18007 of the Health and Safety Code, or a mobilehome, as defined in Section 18008 of the Health and Safety Code.
(f)CA Civil Law Code § 1866(f) In the event that a guest is incapable of removing his or her recreational vehicle or motor vehicle from the lot because of: (1) a physical incapacity, (2) the recreational vehicle or motor vehicle is not motorized and cannot be moved by the guest’s vehicle, or (3) the recreational vehicle or motor vehicle is inoperable due to mechanical difficulties, the guest shall be provided with 72 hours in which to remove the vehicle. If the guest has not removed the vehicle within 72 hours, park management may remove the vehicle without further notice.
(g)CA Civil Law Code § 1866(g) As pertains to a minor, the rights of guests include, but are not limited to, the following:
(1)CA Civil Law Code § 1866(g)(1) If a minor who is unaccompanied by an adult seeks accommodations, the park management may require a parent or guardian of the minor, or another responsible adult, to assume, in writing, full liability for any and all proper charges and other obligations incurred by the minor for accommodations, food and beverages, and other services provided by or through the park management, as well as for any and all injuries or damage caused by the minor to any person or property.
(2)CA Civil Law Code § 1866(g)(2) If a minor is accompanied by an adult, the park management may require the adult to agree, in writing, not to leave any minor 12 years of age or younger unattended on the park management’s premises at any time during their stay, and to control the minor’s behavior during their stay so as to preserve the peace and quiet of the other guests and to prevent any injury to any person and damage to any property.

Section § 1867

Explanation

In special occupancy parks, the management can ask a guest to move to a different space if there's an immediate danger threatening their health or safety. After the danger is resolved, the guest should be allowed to return to their original space if possible. The section also clarifies what constitutes as 'space' and 'imminent danger' along with defining a 'special occupancy park.'

(a)CA Civil Law Code § 1867(a) The park management of a special occupancy park may require a guest to move from a space in the special occupancy park to a different space in the special occupancy park if an imminent danger is present, as determined by the park management. If possible, the park management shall offer to return the guest to his or her original space once the park management has determined that the imminent danger is removed or resolved.
(b)CA Civil Law Code § 1867(b) For purposes of this section, the following definitions apply:
(1)CA Civil Law Code § 1867(b)(1) “Imminent danger” means a danger that poses an immediate and likely risk to the health or safety of a guest or guests in the special occupancy park.
(2)CA Civil Law Code § 1867(b)(2) “Space” means any of the following:
(A)CA Civil Law Code § 1867(b)(2)(A) “Camping cabin,” as defined in Section 18862.5 of the Health and Safety Code.
(B)CA Civil Law Code § 1867(b)(2)(B) “Campsite,” as defined in Section 18862.9 of the Health and Safety Code.
(C)CA Civil Law Code § 1867(b)(2)(C) “Lot,” as defined in Section 18862.23 of the Health and Safety Code, or other rental unit.
(3)CA Civil Law Code § 1867(b)(3) “Special occupancy park” has the same meaning as in Section 18862.43 of the Health and Safety Code.

Section § 2968

Explanation

This law defines key terms like 'mortgage servicer,' 'property,' and emergency statuses for its application. It requires a mortgage servicer handling loans in areas declared as emergencies to pass on written agreements with borrowers about using insurance to fix disaster-damaged homes to any new servicers. New servicers can't break these pre-existing agreements without approval. Additionally, it's okay for servicers to share records about repairing damage not linked to declared emergencies.

(a)CA Civil Law Code § 2968(a) For purposes of this article, the following definitions apply:
(1)CA Civil Law Code § 2968(a)(1) “Mortgage servicer” has the same meaning as defined in subdivision (a) of Section 2920.5.
(2)CA Civil Law Code § 2968(a)(2) “Property” means residential real property that is improved by four or fewer residential dwelling units, affixed mobilehomes, and manufactured homes.
(3)CA Civil Law Code § 2968(a)(3) “State of emergency” and “local emergency” have the same meanings as defined in subdivisions (b) and (c), respectively, of Section 8558 of the Government Code.
(b)CA Civil Law Code § 2968(b) A transferor mortgage servicer servicing a mortgage secured by property within the geographic limits of a proclaimed state of emergency or local emergency shall deliver to a transferee mortgage servicer any material written records between the borrower and the mortgage servicer relating to the borrower’s election to use insurance proceeds to repair or replace property damaged by a disaster for which the state of emergency or local emergency was proclaimed.
(c)CA Civil Law Code § 2968(c) A transferee mortgage servicer pursuant to subdivision (b) shall not dishonor a previous written agreement to repair property made prior to the transfer between the transferor mortgage servicer and the borrower and approved by the owner of the promissory note.
(d)CA Civil Law Code § 2968(d) This article shall not be interpreted to prohibit a mortgage servicer from delivering to a transferee mortgage servicer any material written records relating to a borrower’s election to use insurance proceeds to repair or replace damaged property that was not caused by a disaster for which a state of emergency or local emergency was proclaimed.