California 2023-2024 Regular Session

California Assembly Bill AB3196

Introduced
2/16/24  
Refer
3/11/24  
Report Pass
4/11/24  
Refer
4/15/24  
Report Pass
4/16/24  
Engrossed
4/22/24  
Refer
4/22/24  
Refer
5/1/24  
Report Pass
6/12/24  
Refer
6/12/24  

Caption

Summary proceedings for obtaining possession of real property: demurrers.

Impact

If enacted, AB 3196 would modify existing laws that govern the timeline and procedures related to unlawful detainer cases, specifically focusing on commercial property. By requiring swifter hearings, the bill seeks to reduce delays in court proceedings, which can adversely affect businesses and their operations. The change is expected to be beneficial for tenants who seek to challenge claims against them, ensuring they have their cases heard in a timely manner, thereby providing a safeguard against prolonged legal uncertainty.

Summary

Assembly Bill 3196, introduced by Assembly Member Stephanie Nguyen, focuses on amending Section 1170 of the Code of Civil Procedure concerning summary proceedings for obtaining possession of real property. The bill addresses specific procedural requirements for tenants in commercial real estate when they demur to an unlawful detainer complaint, mandating that the court set a hearing date no more than 20 court days following the filing of the demurrer. This modification aims to provide a more streamlined process for resolving disputes related to the possession of commercial properties and expedite legal proceedings for both tenants and landlords.

Sentiment

The discussion around AB 3196 has generated a generally positive sentiment among those advocating for tenants' rights and procedural fairness. Supporters believe that the bill improves access to justice for commercial tenants by expediting their legal proceedings. Conversely, concerns may arise from landlords and property owners who worry that the expedited timelines could compromise their ability to manage tenancy disputes effectively and ensure due process.

Contention

Some notable points of contention during discussions about AB 3196 include balancing the rights of tenants versus landlords. While the amendments aim to protect tenants' interests and streamline the judicial process, critics may argue that such changes could unintentionally favor tenants in disputes, making it more challenging for landlords to assert their rights effectively. The discourse highlights the ongoing tension between ensuring swift justice and maintaining comprehensive legal protections for all parties involved.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1384

Summary proceedings for obtaining possession of real property: procedural requirements.

CA AB2347

Summary proceedings for obtaining possession of real property: procedural requirements.

CA AB2343

Real property: possession: unlawful detainer.

CA AB340

Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-77)

CA AB283

Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-819)

CA HB159

Property Possession And Property Crimes

CA AB340A

Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-77)

CA HB71

Related To Summary Possession.

CA HB71

Related To Summary Possession.

CA HB979

Related To Summary Possession.

Similar Bills

FL S0322

Property Rights

TN SB0292

AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to real property.

TN HB0216

AN ACT to amend Tennessee Code Annotated, Title 29 and Title 66, relative to real property.

FL H0213

Property Rights

NJ S3967

Revises process of filing real property assessment appeals.

MS SB2635

Nonconsensual towing; regulate towing and charges for commercial vehicles.

MS HB1622

Towing of commercial vehicles; regulate the nonconsensual towing of by towing and recovery services.

CA AB1521

Committee on Judiciary: judiciary omnibus.