California Legislature—2015–16 Regular Session

Assembly BillNo. 1267


Introduced by Assembly Member Bloom

February 27, 2015


An act to amend Sections 765.030, 765.040, and 765.060 of, to repeal and add Section 765.010 of, the Code of Civil Procedure, and to repeal Section 6223 of the Government Code, relating to lawsuits, liens, and other encumbrances.

LEGISLATIVE COUNSEL’S DIGEST

AB 1267, as introduced, Bloom. Lawsuits, liens, and other encumbrances.

Existing law prohibits a person from filing or recording a lawsuit, lien, or other encumbrance, pertaining to actions arising in the course and scope of the duties of a public officer or employee, against a public officer or employee, knowing that it is false, with the intent to harass the officer or employee or to influence or hinder the public officer or employee in discharging his or her official duties. Existing law also provides that a person who records or files a lawsuit, lien, or encumbrance against a public officer or employee in violation of this prohibition, as specified, is liable for a civil penalty not to exceed $5000. Existing law requires a court to issue an order striking and releasing a lien or other encumbrance against a public officer or official in violation of this prohibition, and it allows a court to award costs and reasonable attorney fees in that instance.

Existing law permits a public officer or employee whose property is subject to a lien or other encumbrance in violation of this prohibition to petition the superior court of the county in which the person resides or in which the property is located for an order directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief should not be granted.

This bill would repeal and recast these provisions and instead prohibit a person from filing or recording, or directing another to file or record, a lawsuit, lien, or other encumbrance against any person or entity, knowing that it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee. This bill would also provide that a person who files a lawsuit, lien, or other encumbrance against any person or entity in violation of this prohibition is liable for a civil penalty not to exceed $5000.

This bill would allow any person or entity subject to a lien or other encumbrance in violation of its prohibitions to petition the superior court of the county in which the person or entity resides or in which the property is located for an order directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief should not be granted. This bill would expand the requirement for a court to issue an order striking and releasing a lien or other encumbrance to apply to a lawsuit, lien, or other encumbrance against any person or entity. The bill would also make other conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 765.010 of the Code of Civil Procedure
2 is repealed.

begin delete
3

765.010.  

A public officer or employee whose property is
4subject to a lien or other encumbrance in violation of Section 6223
5of the Government Code may petition the superior court of the
6county in which the person resides or in which the property is
7located for an order, which may be granted ex parte, directing the
8lien or other encumbrance claimant to appear at a hearing before
9the court and show cause why the lien or other encumbrance should
10not be stricken and other relief provided by this article should not
11be granted. The court shall schedule the hearing no earlier than 14
12days after the date of the order. The scheduled date of the hearing
13shall allow adequate time for notice of the hearing.

end delete
P3    1

SEC. 2.  

Section 765.010 is added to the Code of Civil
2Procedure
, to read:

3

765.010.  

(a) For purposes of this section:

4(1) “Harass” means engage in knowing and willful conduct that
5serves no legitimate purpose.

6(2) “Entity” includes both governmental and private entities.

7(b)  A person shall not file or record, or direct another to file or
8record, a lawsuit, lien, or other encumbrance, including a notice
9of lis pendens, against another person or entity knowing it is false,
10with the intent to harass the person or entity or to influence or
11hinder the person in discharging his or her official duties if the
12person is a public officer or employee.

13(c) (1) A person or entity whose property is subject to a lien or
14encumbrance in violation of this section may petition the superior
15court of the county in which the person or entity resides or in which
16the property is located for an order, which may be granted ex parte,
17directing the lien or other encumbrance claimant to appear at a
18hearing before the court and show cause why the lien or other
19encumbrance should not be stricken and other relief provided by
20this article should not be granted.

21(2) The court shall schedule the hearing no earlier than 14 days
22after the date of the order. The scheduled date of the hearing shall
23allow adequate time for notice of the hearing.

24

SEC. 3.  

Section 765.030 of the Code of Civil Procedure is
25amended to read:

26

765.030.  

If the court determines that the lien or other
27encumbrance is in violation of Sectionbegin delete 6223 of the Government
28Codeend delete
begin insert 765.010end insert, the court shall issue an order striking and releasing
29the lien or other encumbrance and may award costs and reasonable
30attorney fees to the petitioner to be paid by the lien or other
31encumbrance claimant. If the court determines that the lien or other
32encumbrance is valid, the court shall issue an order so stating and
33may award costs and reasonable attorney fees to the encumbrance
34claimant to be paid by the petitioner. The court may direct that
35such an order shall be recorded.

36

SEC. 4.  

Section 765.040 of the Code of Civil Procedure is
37amended to read:

38

765.040.  

Any lien or encumbrance claimant who records or
39files, or directs another to record or file, a begin insertlawsuit, end insertlien or other
40encumbrance in violation of Sectionbegin delete 6223 of the Government Codeend delete
P4    1begin insert 765.010end insert shall be liable to the begin insertperson subject to the lawsuit or the end insert
2owner of the property bound by the lien or other encumbrance for
3a civil penalty of up to five thousand dollars ($5,000).

4

SEC. 5.  

Section 765.060 of the Code of Civil Procedure is
5amended to read:

6

765.060.  

If a lien or other encumbrance is recorded or filed
7begin insertagainst a public officer or employee end insertin violation of Sectionbegin delete 6223
8of the Government Codeend delete
begin insert 765.010end insert, the state or local agency that
9employs the public officer or employee may provide counsel for
10the public officer or employee in an action brought pursuant to
11begin deleteSection 765.010end deletebegin insert that sectionend insert.

12

SEC. 6.  

Section 6223 of the Government Code is repealed.

begin delete
13

6223.  

(a) No person shall file or record a lawsuit, lien, or other
14encumbrance, including, but not limited to, a notice of lis pendens,
15against a public officer or employee, knowing it is false, with the
16intent to harass the officer or employee or to influence or hinder
17the public officer or employee in discharging his or her official
18duties.

19(b) This section shall apply only to lawsuits, liens, or other
20encumbrances pertaining to actions that arise in the course and
21scope of the public officer’s or employee’s duties.

22(c) Any person who knowingly records or files, or directs
23another to record or file, a lawsuit, lien, or encumbrance in
24violation of subdivision (a) shall be liable to the person subject to
25the lawsuit, or the owner of the property bound by the lien or other
26encumbrance for a civil penalty not to exceed five thousand dollars
27($5,000).

end delete


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