AB-1795 (Kamlager-Dove) Civil actions: unlawful detainer: court records.

Would prohibit the court clerk from allowing public access to the records of an unlawful detainer action.

Current Status: Dead

FindHOALaw Quick Summary:

Existing law provides summary proceedings for obtaining possession of real property in specified cases, including a case in which an owner of real property seeks to displace, on the ground of unlawful detainer, a tenant or lessee of accommodations that the owner has withdrawn from rent or lease. Existing law requires the clerk of the court to allow access to the records of those summary proceedings.

This bill would amend Section 1161.2 of the Code of Civil Procedure to prohibit the clerk from allowing access to the records of an unlawful detainer action described above, except as specified. The bill would require the owner in such a case to identify the type of unlawful detainer action in the caption of the owner’s complaint.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings that, “In order to protect the reputation and ability to access housing of a responsible tenant or lessee who is displaced, through unlawful detainer proceedings, from accommodations withdrawn from rent or lease by an owner, it is necessary to restrict public access to the records of those proceedings.”

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View more info on AB 1795
from the California Legislature's website

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