California Senate Bill SB491 Amended / Bill

 BILL NUMBER: SB 491AMENDED BILL TEXT AMENDED IN SENATE MARCH 25, 2011 INTRODUCED BY Senator Evans FEBRUARY 17, 2011  An act to amend Section 800.41 of the Civil Code, relating to real property.   An act to amend Section 8250 of the Probate Code, relating to civil procedure.  LEGISLATIVE COUNSEL'S DIGEST SB 491, as amended, Evans.  Real property: floating homes.   Civil procedure: probate of wills.   Under existing law, when a will is contested, the contestant is required to file with the court an objection to probate of the will. A summons is required to be issued and served, with a copy of the objection, on specified persons. Existing law establishes the procedure for the issuance and service of a summons, and authorizes a plaintiff to have the clerk of the court issue one or more summons for any defendant.   This bill would clarify that the provisions that authorize a clerk to issue a summons are applicable when a person files an objection to the probate of a will by adding a cross-reference to those provisions.   Existing law prohibits a homeowner from being charged a fee when obtaining a rental agreement on a floating home berth for a term of 12 months or a lesser period.   This bill would make a technical, nonsubstantive change to these provisions.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 8250 of the   Probate Code   is amended to read:  8250. (a) When a will is contested under Section 8004, the contestant shall file with the court an objection to probate of the will. Thereafter, a summons shall be issued and served, with a copy of the objection, on the persons required by Section 8110 to be served with notice of hearing of a petition for administration of the decedent's estate. The summons shall be issued and served as provided in  Chapter   3 (commencing with Section 412.10) and  Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. The summons shall contain a direction that the persons summoned file with the court a written pleading in response to the contest within 30 days after service of the summons. (b) A person named as executor in the will is under no duty to defend a contest until the person is appointed personal representative.  SECTION 1.   Section 800.41 of the Civil Code is amended to read: 800.41. A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not be charged a fee for obtaining a rental agreement on a floating home berth for (1) a term of one year, or (2) a lesser period as mutually agreed upon by both the homeowner and the management. A fee may be charged for a rental agreement of more than one year if the fee is mutually agreed upon by both the homeowner and management.