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AB-2881 Civil law: omnibus.(2015-2016)
Assembly Bill No. 2881
An act to amend Section 21707 of the Business and Professions Code, to amend Sections 1942.5, 2924f, 3440.1, and 3440.5 of the Civil Code, to amend Sections 273, 664.5, and 701.540 of the Code of Civil Procedure, to amend Section 6105 of the Commercial Code, to amend Sections 1001, 6008, and 71380 of, to amend the heading of Article 2 (commencing with Section 71042.5) of Chapter 6 of Title 8 of, to add Chapter 1.1 (commencing with Section 6080) to Division 7 of Title 1 of, and to repeal Sections 71042.5 and 71042.6 of, the Government Code, to amend Section 1462.5 of the Penal Code, to amend Section 8402 of the Probate Code, to amend Sections 3381, 3702, and 3703 of the Revenue and Taxation Code, and to amend Section 5270.50 of the Welfare and Institutions Code, relating to civil law.
[ Approved by Governor September 27, 2016. Filed with Secretary of State September 27, 2016. ]
AB 2881, Committee on Judiciary. Civil law: omnibus.
(1) Existing law requires the publication of notice in set boundaries known as judicial districts in different contexts, including in connection with lien sales and sales pursuant to a mortgage or deed of trust. Existing law provides for the preservation of judicial districts following the unification of municipal and superior courts.
This bill would repeal provisions regarding the preservation of judicial districts, described above, and would establish public notice districts as the place for the publication of notice. The bill would also make conforming revisions to statutes requiring publication of notice in former judicial districts.
(2) Existing law provides that the report of the official reporter or official reporter pro tempore of any court, as specified, when transcribed and certified as being a correct transcript of the testimony and proceedings in a case, is prima facie evidence of that testimony and proceedings. Existing law, until January 1, 2017, prohibits the instant visual display of the testimony or proceedings, or both, from being certified or used, cited, distributed, or transcribed as the official certified transcript of the proceedings and from being cited or used to rebut or contradict the official certified transcript of the proceedings.
This bill would extend the repeal date of the provision pertaining to the instant visual display of the testimony or proceedings until January 1, 2022.
(3) Existing law requires a party submitting an order or judgment in any contested action or special proceeding, as specified, to prepare and mail a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding.
This bill would, instead, require the party submitting an order or judgment to serve a copy of the notice of entry of judgment by personal delivery or by mail.
(4) Existing law pertaining to public officers and employees classifies executive officers as either civil or military and lists the civil executive officers.
This bill would add to that list persons serving on boards or commissions created under the laws of the state or established under the State Constitution.
(5) Existing law requires the Controller to establish and supervise a uniform accounting system, including a system of audits, to ensure the proper distribution and accounting of all fines, penalties, forfeitures, and fees assessed by courts.
This bill would require the Controller to establish and maintain trial court revenue distribution guidelines, including a program to audit the accuracy of distributions, to ensure that fines, penalties, forfeitures, and fees assessed by the court are collected and properly accounted for and disbursed. The bill would also make technical and conforming changes.
(6) Existing law relating to the administration of the estates of decedents provides that a person has no power to administer an estate until he or she is appointed personal representative and the appointment becomes effective. Existing law provides that a person is not competent to act as personal representative in specified circumstances, including that he or she is a surviving partner of the decedent and an interested person objects to the appointment.
This bill would specify that a person is not competent to act as a personal representative if, among other things, he or she is a surviving business partner of the decedent and an interested person objects to the appointment.
(7) Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of any person with a mental disorder who, as a result of the mental disorder, is a danger to others or to himself or herself or is gravely disabled. Existing law, if specified conditions are met, exempts the professional person in charge of the facility providing intensive treatment, his or her designee, and the professional person directly responsible for the person's treatment from civil or criminal liability for any action by a person released before or at the end of 30 days.
This bill would also exempt the attorney or advocate representing the person, the court-appointed commissioner or referee, the certification review hearing officer conducting the certification review hearing, or the peace officer responsible for detaining the person from civil or criminal liability for any action by a person released at or before the end of the 30 days of intensive treatment.
(8) This bill would incorporate additional changes to Section 1942.5 of the Civil Code proposed by AB 551 that would become operative only if this bill and AB 551 are chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Section 21707 of the Business and Professions Code is amended to read:
(a) After the expiration of the time given in the notice of lien sale, pursuant to subdivision (b) of Section 21705, or following the failure of a claimant to pay rent or obtain a court order pursuant to Section 21709, an advertisement of the sale shall be published once a week for two weeks consecutively in a newspaper of general circulation published in the public notice district where the sale is to be held. The advertisement shall include a general description of the goods, the name of the person on whose account they are being stored, and the name and location of the storage facility. If there is no newspaper of general circulation published in the public notice district where the sale is to be held, the advertisement shall be posted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale. The sale shall be conducted in a commercially reasonable manner. After deducting the amount of the lien and costs of sale, the owner shall retain any excess proceeds of the sale on the occupant's behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within one year of the date of sale. Thereafter, the owner shall pay any remaining excess proceeds to the treasury of the county in which the sale was held.
(b) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
Section 1942.5 of the Civil Code is amended to read:
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his or her complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, or has made an oral complaint to the lessor regarding tenantability.
(2) After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, for the purpose of obtaining correction of a condition relating to tenantability.
(3) After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph (2) of which the lessor did not have notice.
(4) After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenantability.
(5) After entry of judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenantability is determined adversely to the lessor.
In each instance, the 180-day period shall run from the latest applicable date referred to in paragraphs (1) to (5), inclusive.
(b) A lessee may not invoke subdivision (a) more than once in any 12-month period.
(c) Notwithstanding subdivision (a), it is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees' association or an organization advocating lessees' rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor's conduct was, in fact, retaliatory.
(d) Nothing in this section shall be construed as limiting in any way the exercise by the lessor of his or her rights under any lease or agreement or any law pertaining to the hiring of property or his or her right to do any of the acts described in subdivision (a) or (c) for any lawful cause. Any waiver by a lessee of his or her rights under this section is void as contrary to public policy.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor may recover possession of a dwelling and do any of the other acts described in subdivision (a) within the period or periods prescribed therein, or within subdivision (c), if the notice of termination, rent increase, or other act, and any pleading or statement of issues in an arbitration, if any, states the ground upon which the lessor, in good faith, seeks to recover possession, increase rent, or do any of the other acts described in subdivision (a) or (c). If the statement is controverted, the lessor shall establish its truth at the trial or other hearing.
(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:
(1) The actual damages sustained by the lessee.
(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.
(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney's fees to the prevailing party if either party requests attorney's fees upon the initiation of the action.
(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
SEC. 2.5.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his or her rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(1) After the date upon which the lessee, in good faith, has given notice pursuant to Section 1942, has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenantability.
Section 2924f of the Civil Code is amended to read:
2924f.
(a) As used in this section and Sections 2924g and 2924h, "property" means real property or a leasehold estate therein, and "calendar week" means Monday through Saturday, inclusive.
(b) (1) Except as provided in subdivision (c), before any sale of property can be made under the power of sale contained in any deed of trust or mortgage, or any resale resulting from a rescission for a failure of consideration pursuant to subdivision (c) of Section 2924h, notice of the sale thereof shall be given by posting a written notice of the time of sale and of the street address and the specific place at the street address where the sale will be held, and describing the property to be sold, at least 20 days before the date of sale in one public place in the city where the property is to be sold, if the property is to be sold in a city, or, if not, then in one public place in the county seat of the county where the property is to be sold, and publishing a copy once a week for three consecutive calendar weeks.
(2) The first publication to be at least 20 days before the date of sale, in a newspaper of general circulation published in the city in which the property or some part thereof is situated, if any part thereof is situated in a city, if not, then in a newspaper of general circulation published in the public notice district in which the property or some part thereof is situated, or in case no newspaper of general circulation is published in the city or public notice district, as the case may be, in a newspaper of general circulation published in the county in which the property or some part thereof is situated, or in case no newspaper of general circulation is published in the city or public notice district or county, as the case may be, in a newspaper of general circulation published in the county in this state that is contiguous to the county in which the property or some part thereof is situated and has, by comparison with all similarly contiguous counties, the highest population based upon total county population as determined by the most recent federal decennial census published by the Bureau of the Census. For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
(3) A copy of the notice of sale shall also be posted in a conspicuous place on the property to be sold at least 20 days before the date of sale, where possible and where not restricted for any reason. If the property is a single-family residence the posting shall be on a door of the residence, but, if not possible or restricted, then the notice shall be posted in a conspicuous place on the property; however, if access is denied because a common entrance to the property is restricted by a guard gate or similar impediment, the property may be posted at that guard gate or similar impediment to any development community.
(4) The notice of sale shall conform to the minimum requirements of Section 6043 of the Government Code and be recorded with the county recorder of the county in which the property or some part thereof is situated at least 20 days prior to the date of sale.
(5) The notice of sale shall contain the name, street address in this state, which may reflect an agent of the trustee, and either a toll-free telephone number or telephone number in this state of the trustee, and the name of the original trustor, and also shall contain the statement required by paragraph (3) of subdivision (c). In addition to any other description of the property, the notice shall describe the property by giving its street address, if any, or other common designation, if any, and a county assessor's parcel number; but if the property has no street address or other common designation, the notice shall contain a legal description of the property, the name and address of the beneficiary at whose request the sale is to be conducted, and a statement that directions may be obtained pursuant to a written request submitted to the beneficiary within 10 days from the first publication of the notice. Directions shall be deemed reasonably sufficient to locate the property if information as to the location of the property is given by reference to the direction and approximate distance from the nearest crossroads, frontage road, or access road. If a legal description or a county assessor's parcel number and either a street address or another common designation of the property is given, the validity of the notice and the validity of the sale shall not be affected by the fact that the street address, other common designation, name and address of the beneficiary, or the directions obtained therefrom are erroneous or that the street address, other common designation, name and address of the beneficiary, or directions obtained therefrom are omitted.
(6) The term "newspaper of general circulation," as used in this section, has the same meaning as defined in Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code.
(7) The notice of sale shall contain a statement of the total amount of the unpaid balance of the obligation secured by the property to be sold and reasonably estimated costs, expenses, advances at the time of the initial publication of the notice of sale, and, if republished pursuant to a cancellation of a cash equivalent pursuant to subdivision (d) of Section 2924h, a reference of that fact; provided, that the trustee shall incur no liability for any good faith error in stating the proper amount, including any amount provided in good faith by or on behalf of the beneficiary. An inaccurate statement of this amount shall not affect the validity of any sale to a bona fide purchaser for value, nor shall the failure to post the notice of sale on a door as provided by this subdivision affect the validity of any sale to a bona fide purchaser for value.
(8) (A) On and after April 1, 2012, if the deed of trust or mortgage containing a power of sale is secured by real property containing from one to four single-family residences, the notice of sale shall contain substantially the following language, in addition to the language required pursuant to paragraphs (1) to (7), inclusive:
NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property.
NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call [telephone number for information regarding the trustee's sale] or visit this Internet Web site [Internet Web site address for information regarding the sale of this property], using the file number assigned to this case [case file number]. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale.
(B) A mortgagee, beneficiary, trustee, or authorized agent shall make a good faith effort to provide up-to-date information regarding sale dates and postponements to persons who wish this information. This information shall be made available free of charge. It may be made available via an Internet Web site, a telephone recording that is accessible 24 hours a day, seven days a week, or through any other means that allows 24 hours a day, seven days a week, no-cost access to updated information. A disruption of any of these methods of providing sale date and postponement information to allow for reasonable maintenance or due to a service outage shall not be deemed to be a violation of the good faith standard.
(C) Except as provided in subparagraph (B), nothing in the wording of the notices required by subparagraph (A) is intended to modify or create any substantive rights or obligations for any person providing, or specified in, either of the required notices. Failure to comply with subparagraph (A) or (B) shall not invalidate any sale that would otherwise be valid under Section 2924f.
(D) Information provided pursuant to subparagraph (A) does not constitute the public declaration required by subdivision (d) of Section 2924g.
(9) If the sale of the property is to be a unified sale as provided in subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, the notice of sale shall also contain a description of the personal property or fixtures to be sold. In the case where it is contemplated that all of the personal property or fixtures are to be sold, the description in the notice of the personal property or fixtures shall be sufficient if it is the same as the description of the personal property or fixtures contained in the agreement creating the security interest in or encumbrance on the personal property or fixtures or the filed financing statement relating to the personal property or fixtures. In all other cases, the description in the notice shall be sufficient if it would be a sufficient description of the personal property or fixtures under Section 9108 of the Commercial Code. Inclusion of a reference to or a description of personal property or fixtures in a notice of sale hereunder shall not constitute an election by the secured party to conduct a unified sale pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, shall not obligate the secured party to conduct a unified sale pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, and in no way shall render defective or noncomplying either that notice or a sale pursuant to that notice by reason of the fact that the sale includes none or less than all of the personal property or fixtures referred to or described in the notice. This paragraph shall not otherwise affect the obligations or duties of a secured party under the Commercial Code.
(c) (1) This subdivision applies only to deeds of trust or mortgages which contain a power of sale and which are secured by real property containing a single-family, owner-occupied residence, where the obligation secured by the deed of trust or mortgage is contained in a contract for goods or services subject to the provisions of the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3).
(2) Except as otherwise expressly set forth in this subdivision, all other provisions of law relating to the exercise of a power of sale shall govern the exercise of a power of sale contained in a deed of trust or mortgage described in paragraph (1).
(3) If any default of the obligation secured by a deed of trust or mortgage described in paragraph (1) has not been cured within 30 days after the recordation of the notice of default, the trustee or mortgagee shall mail to the trustor or mortgagor, at his or her last known address, a copy of the following statement:
YOU ARE IN DEFAULT UNDER A
(Deed of trust or mortgage)
DATED ____. UNLESS YOU TAKE ACTION TO PROTECT
YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF
YOU NEED AN EXPLANATION OF THE NATURE OF THE
PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A
LAWYER.
(4) All sales of real property pursuant to a power of sale contained in any deed of trust or mortgage described in paragraph (1) shall be held in the county where the residence is located and shall be made to the person making the highest offer. The trustee may receive offers during the 10-day period immediately prior to the date of sale and if any offer is accepted in writing by both the trustor or mortgagor and the beneficiary or mortgagee prior to the time set for sale, the sale shall be postponed to a date certain and prior to which the property may be conveyed by the trustor to the person making the offer according to its terms. The offer is revocable until accepted. The performance of the offer, following acceptance, according to its terms, by a conveyance of the property to the offeror, shall operate to terminate any further proceeding under the notice of sale and it shall be deemed revoked.
(5) In addition to the trustee fee pursuant to Section 2924c, the trustee or mortgagee pursuant to a deed of trust or mortgage subject to this subdivision shall be entitled to charge an additional fee of fifty dollars ($50).
(6) This subdivision applies only to property on which notices of default were filed on or after the effective date of this subdivision.
(d) With respect to residential real property containing no more than four dwelling units, a separate document containing a summary of the notice of sale information in English and the languages described in Section 1632 shall be attached to the notice of sale provided to the mortgagor or trustor pursuant to Section 2923.3.
This chapter does not apply to any of the following:
(a) Things in action.
(b) Ships or cargoes if either are at sea or in a foreign port.
(c) The sale of accounts, chattel paper, payment intangibles, or promissory notes governed by the Uniform Commercial Code, security interests, and contracts of bottomry or respondentia.
(d) Wines or brandies in the wineries, distilleries, or wine cellars of the makers or owners of the wines or brandies, or other persons having possession, care, and control of the wines or brandies, and the pipes, casks, and tanks in which the wines or brandies are contained, if the transfers are made in writing and executed and acknowledged, and if the transfers are recorded in the book of official records in the office of the county recorder of the county in which the wines, brandies, pipes, casks, and tanks are situated.
(e) A transfer or assignment made for the benefit of creditors generally or by an assignee acting under an assignment for the benefit of creditors generally.
(f) Property exempt from enforcement of a money judgment.
(g) Standing timber.
(h) Subject to the limitations in Section 3440.3, a transfer of personal property if all of the following conditions are satisfied:
(1) Before the date of the intended transfer, the transferor or the transferee files a financing statement, with respect to the property transferred, authorized in an authenticated record by the transferor. The financing statement shall be filed in the office of the Secretary of State in accordance with Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code, but may use the terms "transferor" in lieu of "debtor" and "transferee" in lieu of "secured party." The provisions of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code shall apply as appropriate to the financing statement.
(2) The transferor or the transferee publishes a notice of the intended transfer one time in a newspaper of general circulation published in the public notice district in which the personal property is located, if there is one, and if there is none in the public notice district, then in a newspaper of general circulation in the county in which the personal property is located. The publication shall be completed not less than 10 days before the date the transfer occurs. The notice shall contain the name and address of the transferor and transferee and a general statement of the character of the personal property intended to be transferred, and shall indicate the place where the personal property is located and a date on or after which the transfer is to be made.
(i) Personal property not located within this state at the time of the transfer or attachment of the lien if the provisions of this subdivision are not used for the purpose of evading this chapter.
(j) A transfer of property that (1) is subject to a statute or treaty of the United States or a statute of this state that provides for the registration of transfers of title or issuance of certificates of title and (2) is so far perfected under that statute or treaty that a bona fide purchaser cannot acquire an interest in the property transferred that is superior to the interest of the transferee.
(k) A transfer of personal property in connection with a transaction in which the property is immediately thereafter leased by the transferor from the transferee provided the transferee purchased the property for value and in good faith pursuant to subdivision (c) of Section 10308 of the Commercial Code.
(l) Water supply property, as defined in Section 849 of the Public Utilities Code.
(m) A transfer of property by any governmental entity.
(n) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
(a) This chapter does not affect the rights of a secured party who, for value and in good faith, acquires a security interest in the transferred personal property from the transferee, or from the transferee's successor in interest, if the transferor is no longer in possession of the personal property at the time the security interest attaches.
(b) Additionally, except as provided in Section 3440.3, this chapter does not affect the rights of a secured party who acquires a security interest from the transferee, or from the transferee's successor in interest, in the personal property, if all of the following conditions are satisfied:
(1) On or before the date the security agreement is executed, the intended debtor or secured party files a financing statement with respect to the property transferred, signed by the intended debtor. The financing statement shall be filed in the office of the Secretary of State in accordance with Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code, but shall use the terms "transferor" in lieu of "debtor," "transferee" in lieu of "secured party," and "secured party" in lieu of "assignee of secured party." The provisions of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code shall apply as appropriate to the financing statement. For the purpose of indexing, and in any certification of search, the Secretary of State may refer to any financing statement filed pursuant to this paragraph as a financing statement under the Commercial Code and may describe the transferor as a debtor and the transferee as a secured party.
(2) The intended debtor or secured party publishes a notice of the transfer one time in a newspaper of general circulation published in the public notice district in which the personal property is located, if there is one, and if there is none in the public notice district, then in a newspaper of general circulation in the county in which the personal property is located. The publication shall be completed not less than 10 days before the date of execution by the intended debtor of the intended security agreement. The notice shall contain the names and addresses of the transferor and transferee and of the intended debtor and secured party, a general statement of the character of the personal property transferred and intended to be subject to the security interest, the location of the personal property, and the date on or after which the security agreement is to be executed by the intended debtor.
(c) Compliance with paragraph (1) of subdivision (b) shall not perfect the security interest of the secured party. Perfection of that security interest shall be governed by Division 9 (commencing with Section 9101) of the Commercial Code.
(d) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
Section 273 of the Code of Civil Procedure, as amended by Section 1 of Chapter 87 of the Statutes of 2009, is amended to read:
(a) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of that testimony and proceedings.
(b) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when prepared as a rough draft transcript, shall not be certified and cannot be used, cited, distributed, or transcribed as the official certified transcript of the proceedings. A rough draft transcript shall not be cited or used in any way or at any time to rebut or contradict the official certified transcript of the proceedings as provided by the official reporter or official reporter pro tempore. The production of a rough draft transcript shall not be required.
(c) The instant visual display of the testimony or proceedings, or both, shall not be certified and cannot be used, cited, distributed, or transcribed as the official certified transcript of the proceedings. The instant visual display of the testimony or proceedings, or both, shall not be cited or used in any way or at any time to rebut or contradict the official certified transcript of the proceedings as provided by the official reporter or official reporter pro tempore.
Section 273 of the Code of Civil Procedure, as added by Section 2 of Chapter 87 of the Statutes of 2009, is amended to read:
(c) This section shall become operative on January 1, 2022.
Section 664.5 of the Code of Civil Procedure is amended to read:
(a) In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, by personal delivery or by mail, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation.
(b) Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall mail notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of such mailing and place it in the court's file in the cause.
(c) For purposes of this section, "judgment" includes any judgment, decree, or signed order from which an appeal lies.
(d) Upon order of the court in any action or special proceeding, the clerk shall mail notice of entry of any judgment or ruling, whether or not appealable.
(e) The Judicial Council shall, by January 1, 1999, adopt a rule of court for the purposes of providing that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that mailing is placed in the court's file in the cause.
Section 701.540 of the Code of Civil Procedure is amended to read:
(a) Notice of sale of an interest in real property shall be in writing, shall state the date, time, and place of sale, shall describe the interest to be sold, and shall give a legal description of the real property and its street address or other common designation, if any. If the real property has no street address or other common designation, the notice of sale shall include a statement that directions to its location may be obtained from the levying officer upon oral or written request or, in the discretion of the levying officer, the notice of sale may contain directions to its location. Directions are sufficient if information as to the location of the real property is given by reference to the direction and approximate distance from the nearest crossroads, frontage road, or access road. If an accurate legal description of the real property is given, the validity of the notice and sale is not affected by the fact that the street address or other common designation, or directions to its location, are erroneous or omitted.
(b) Not less than 20 days before the date of sale, notice of sale of an interest in real property shall be served, mailed, and posted by the levying officer as provided in subdivisions (c), (d), (e), and (f).
(c) Notice of sale shall be served on the judgment debtor. Service shall be made personally or by mail.
(d) Notice of sale shall be posted in the following places:
(1) One public place in the city in which the interest in the real property is to be sold if it is to be sold in a city or, if not to be sold in a city, one public place in the county in which the interest in the real property is to be sold.
(2) A conspicuous place on the real property.
(e) At the time notice is posted pursuant to paragraph (2) of subdivision (d), notice of sale shall be served or service shall be attempted on one occupant of the real property. Service on the occupant shall be made by leaving the notice with the occupant personally or, in the occupant's absence, with any person of suitable age and discretion found upon the real property at the time service is attempted who is either an employee or agent of the occupant or a member of the occupant's household. If the levying officer is unable to serve an occupant, as specified, at the time service is attempted, the levying officer is not required to make any further attempts to serve an occupant.
(f) If the property described in the notice of sale consists of more than one distinct lot, parcel, or governmental subdivision and any of the lots, parcels, or governmental subdivisions lies with relation to any of the others so as to form one or more continuous, unbroken tracts, only one service pursuant to subdivision (e) and posting pursuant to paragraph (2) of subdivision (d) need be made as to each continuous, unbroken tract.
(g) Notice of sale shall be published pursuant to Section 6063 of the Government Code, with the first publication at least 20 days prior to the time of sale, in a newspaper of general circulation published in the city in which the real property or a part thereof is situated if any part thereof is situated in a city or, if not, in a newspaper of general circulation published in the public notice district in which the real property or a part thereof is situated. If no newspaper of general circulation is published in the city or public notice district, notice of sale shall be published in a newspaper of general circulation in the county in which the real property or a part thereof is situated.
(h) Not earlier than 30 days after the date of levy, the judgment creditor shall determine the names of all persons having liens on the real property on the date of levy that are of record in the office of the county recorder and shall instruct the levying officer to mail notice of sale to each lienholder at the address used by the county recorder for the return of the instrument creating the lien after recording. The levying officer shall mail notice to each lienholder, at the address given in the instructions, not less than 20 days before the date of sale.
(i) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
SEC. 10.
Section 6105 of the Commercial Code is amended to read:
(a) A notice that is governed by this section shall comply with each of the following:
(1) State that a bulk sale is about to be made.
(2) State the name and business address of the seller together with any other business name and address listed by the seller (subdivision (a) of Section 6104) and the name and business address of the buyer.
(3) State the location and general description of the assets.
(4) State the place and the anticipated date of the bulk sale.
(5) State whether or not the bulk sale is subject to Section 6106.2 and, if so subject, the matters required by subdivision (f) of Section 6106.2.
(b) At least 12 business days before the date of the bulk sale, a notice that is governed by this section shall be:
(1) Recorded in the office of the county recorder in the county or counties in this state in which the tangible assets are located and, if different, in the county in which the seller is located (paragraph (2) of subdivision (a) of Section 6103).
(2) Published at least once in a newspaper of general circulation published in the public notice district in this state in which the tangible assets are located and in the public notice district, if different, in which the seller is located (paragraph (2) of subdivision (a) of Section 6103), if in either case there is one, and if there is none, then in a newspaper of general circulation in the county in which the public notice district is located. If the tangible assets are located in more than one public notice district in this state, the publication shall be in a newspaper of general circulation published in the public notice district in this state in which a greater portion of the tangible assets are located, on the date the notice is published, than in any other public notice district in this state and, if different, in the public notice district in which the seller is located (paragraph (2) of subdivision (a) of Section 6103).
(3) Delivered or sent by registered or certified mail to the county tax collector in the county or counties in this state in which the tangible assets are located. If delivered during the period from January 1 to May 7, inclusive, the notice shall be accompanied by a completed business property statement with respect to property involved in the bulk sale pursuant to Section 441 of the Revenue and Taxation Code.
(c) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
(d) As used in this section, "business day" means any day other than a Saturday, Sunday, or day observed as a holiday by the state government.
Section 1001 of the Government Code is amended to read:
The civil executive officers are: a Governor; a private secretary and an executive secretary for the Governor; a Lieutenant Governor; a Secretary of State; a Deputy Secretary of State; a Keeper of Archives of State for the Secretary of State; a bookkeeper for the Secretary of State; three recording clerks for the Secretary of State; a Controller; a Deputy Controller; a bookkeeper for the Controller; five clerks for the Controller; a Treasurer; a Deputy Treasurer; a bookkeeper for the Treasurer; a clerk for six months in each year for the Treasurer; an Attorney General and all assistant and deputy attorneys general; a Superintendent of Public Instruction; one clerk for the Superintendent of Public Instruction; an Insurance Commissioner; a deputy for the Insurance Commissioner; four port wardens for the Port of San Francisco; a port warden for each port of entry except San Francisco; five State Harbor Commissioners for San Francisco Harbor; six pilots for each harbor where there is no board of pilot commissioners; three members of the Board of Pilot Commissioners for Humboldt Bay and Bar; 13 members of the State Board of Agriculture; four members of the State Board of Equalization; a clerk of the Board of Equalization; three members of the State Board of Education; a librarian for the Supreme Court Library and the chief deputy clerk and the deputy clerks of the Supreme Court; five directors for the state hospital at Napa; the manager, assistant manager, chief counsel, and division chiefs, State Compensation Insurance Fund; the head of each department and all chiefs of divisions, deputies, and secretaries of a department; such other officers as fill offices created by or under the authority of charters or laws for the government of counties and cities or of the health, school, election, road, or revenue laws; or persons serving on boards or commissions created under the laws of the state or established under the State Constitution.
(a) Notwithstanding any provision of law to the contrary, a newspaper is a "newspaper of general circulation" if it meets all of the following criteria:
(1) It is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers and has been established and published at regular intervals of not less than weekly in the city, district, or public notice district for which it is seeking adjudication for at least three years preceding the date of adjudication.
(2) It has a substantial distribution to paid subscribers in the city, district, or public notice district in which it is seeking adjudication.
(3) It has maintained a minimum coverage of local or telegraphic news and intelligence of a general character of not less than 25 percent of its total inches during each year of the three-year period.
(4) It has only one principal office of publication and that office is in the city, district, or public notice district for which it is seeking adjudication.
(b) For the purposes of Section 6020, a newspaper meeting the criteria of this section which desires to have its standing as a newspaper of general circulation ascertained and established, may, by its publisher, manager, editor, or attorney, file a verified petition in the superior court of the county in which it is established and published.
(c) As used in this section:
(1) "Established" means in existence under a specified name during the whole of the three-year period, except that a modification of name in accordance with Section 6024, where the modification of name does not substantially change the identity of the newspaper, shall not affect the status of the newspaper for the purposes of this definition.
(2) "Published" means issued from the place where the newspaper is sold to or circulated among the people and its subscribers during the whole of the three-year period.
(3) "Public notice district" means a public notice district described in Chapter 1.1 (commencing with Section 6080).
Chapter 1.1 (commencing with Section 6080) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 1.1. Publication of Notice in Public Notice Districts
Article 1. Public Notice Districts, Generally
This chapter governs any statute requiring publication of notice in a public notice district.
A notice published or posted in a manner that is contrary to the provisions of this chapter shall not be invalidated as a consequence of a reasonable, good faith error as to the applicable public notice district.
(a) Notwithstanding Section 6027, a judicial decree establishing a newspaper as a newspaper of general circulation in a former judicial district shall be treated as a judicial decree establishing the newspaper as a newspaper of general circulation in the successor public notice district.
(b) For the purposes of this section, the "successor public notice district" is the public notice district, described in Article 2, that contains substantially the same population centers as the applicable, former judicial district preserved for notice publication by former Section 71042.5.
Article 2. Public Notice Districts by County
6085.100.
(a) Alameda County contains the following public notice districts:
(1) Alameda District, which is comprised of the City of Alameda.
(2) Berkeley-Albany District, which is comprised of the Cities of Albany and Berkeley.
(3) Fremont-Newark-Union City District, which is comprised of the Cities of Fremont, Newark, and Union City.
(4) Livermore District, which is comprised of the City of Livermore.
(5) Oakland-Piedmont District, which is comprised of the Cities of Emeryville, Oakland, and Piedmont.
(6) Pleasanton District, which is comprised of the Cities of Dublin and Pleasanton.
(7) San Leandro-Hayward District, which is comprised of the Cities of Hayward and San Leandro and the unincorporated areas known as Ashland, Castro Valley, Cherryland, Fairview, and San Lorenzo.
(b) For the purpose of publishing notice arising from a location within Alameda County that is not within one of the districts described in subdivision (a):
(1) If the location is within five miles of a district, notice shall be published in the nearest district.
(2) If the location is not within five miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation.
Alpine County contains a single, countywide public notice district.
Amador County contains a single, countywide public notice district.
(a) Butte County contains the following public notice districts:
(1) Biggs District, which is comprised of the City of Biggs.
(2) Chico District, which is comprised of the City of Chico.
(3) Gridley District, which is comprised of the City of Gridley.
(4) Oroville District, which is comprised of the City of Oroville.
(5) Paradise District, which is comprised of the City of Paradise and the unincorporated area known as Magalia.
(b) For the purpose of publishing notice arising from a location within Butte County that is not within one of the districts described in subdivision (a):
(1) If the location is within 10 miles of a district, notice shall be published in the nearest district.
(2) If the location is not within 10 miles of a district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation.
(a) Calaveras County contains the following public notice districts:
(1) Angels-Murphys District, which is comprised of the City of Angels Camp and the unincorporated area known as Murphys.
(2) San Andreas District, which is comprised of the unincorporated areas known as Rancho Calaveras, San Andreas, and Valley Springs.
(b) For the purpose of publishing notice arising from a location within Calaveras County that is not within one of the districts described in subdivision (a):
(a) Colusa County contains the following public notice districts:
(1) Colusa District, which is comprised of the City of Colusa.
(2) Williams District, which is comprised of the City of Williams.
(b) For the purpose of publishing notice arising from a location within Colusa County that is not within one of the districts described in subdivision (a):
(a) Contra Costa County contains the following public notice districts:
(1) Antioch District, which is comprised of the City of Antioch.
(2) Brentwood-Byron District, which is comprised of the City of Brentwood and the unincorporated areas known as Byron and Discovery Bay.
(3) El Cerrito-Kensington District, which is comprised of the City of El Cerrito and the unincorporated area known as Kensington.
(4) Mount Diablo District, which is comprised of the Cities of Clayton, Concord, Martinez, and Pleasant Hill.
(5) Oakley District, which is comprised of the City of Oakley and the unincorporated area known as Knightsen.
(6) Pinole-Hercules-Rodeo District, which is comprised of the Cities of Pinole and Hercules and the unincorporated area known as Rodeo.
(7) Pittsburgh District, which is comprised of the City of Pittsburgh and the unincorporated area known as Bay Point.
(8) Richmond District, which is comprised of the City of Richmond.
(9) San Pablo District, which is comprised of the City of San Pablo and the unincorporated areas known as Bayview, East Richmond Heights, El Sobrante, Montalvin Manor, North Richmond, Rollingwood, and Tara Hills.
(10) Walnut Creek-Danville District, which is comprised of the Cities of Danville, Lafayette, Moraga, Orinda, San Ramon, and Walnut Creek and the unincorporated areas known as Alamo, Contra Costa Centre, and Reliez Valley.
(b) For the purpose of publishing notice arising from a location within Contra Costa County that is not within one of the districts described in subdivision (a):
(a) Del Norte County contains the Crescent District public notice district, which is comprised of Crescent City.
(b) For the purpose of publishing notice arising from a location within Del Norte County that is not within the district described in subdivision (a):
(1) If the location is within 10 miles of the district, notice shall be published in the district.
(2) If the location is not within 10 miles of the district, notice shall be given as if the location is in a public notice district without a newspaper of general circulation.
(a) El Dorado County contains the following public notice districts:
(1) El Dorado District, which is comprised of the unincorporated areas known as Cameron Park, Diamond Springs, and El Dorado Hills.
(2) Lake Valley District, which is comprised of the City of South Lake Tahoe.
(3) Placerville District, which is comprised of the City of Placerville.
(b) For the purpose of publishing notice arising from a location within El Dorado County that is not within one of the districts described in subdivision (a):
(a) Fresno County contains the following public notice districts:
(1) Clovis District, which is comprised of the City of Clovis and the unincorporated area known as Tarpey Village.
(2) Coalinga District, which is comprised of the Cities of Coalinga and Huron.
(3) Firebaugh District, which is comprised of the Cities of Firebaugh and Mendota.
(4) Fowler District, which is comprised of the City of Fowler.
(5) Fresno District, which is comprised of the City of Fresno.
(6) Kerman District, which is comprised of the Cities of Kerman and San Joaquin.
(7) Kingsburg District, which is comprised of the City of Kingsburg.
(8) Parlier District, which is comprised of the City of Parlier and the unincorporated area known as Del Rey.
(9) Reedley District, which is comprised of the Cities of Orange Cove and Reedley.
(10) Sanger District, which is comprised of the City of Sanger.
(11) Selma District, which is comprised of the City of Selma.
(b) For the purpose of publishing notice arising from a location within Fresno County that is not within one of the districts described in subdivision (a):
(a) Glenn County contains the following public notice districts:
(1) Orland District, which is comprised of the City of Orland.
(2) Willows District, which is comprised of the City of Willows.
(b) For the purpose of publishing notice arising from a location within Glenn County that is not within one of the districts described in subdivision (a):
(a) Humboldt County contains the following public notice districts:
(1) Arcata District, which is comprised of the Cities of Arcata, Blue Lake, and Trinidad and the unincorporated area known as McKinleyville.
(2) Eureka District, which is comprised of the City of Eureka.
(3) Fortuna District, which is comprised of the Cities of Ferndale, Fortuna, and Rio Dell.
(b) For the purpose of publishing notice arising from a location within Humboldt County that is not within one of the districts described in subdivision (a):
(a) Imperial County contains the following public notice districts:
(1) Brawley District, which is comprised of the City of Brawley.
(2) Calexico District, which is comprised of the City of Calexico.
(3) Calipatria District, which is comprised of the City of Calipatria.
(4) El Centro District, which is comprised of the City of El Centro.
(5) Holtville District, which is comprised of the City of Holtville.
(6) Imperial District, which is comprised of the City of Imperial.
(7) Westmoreland District, which is comprised of the City of Westmoreland.
(b) For the purpose of publishing notice arising from a location within Imperial County that is not within one of the districts described in subdivision (a):
(a) Inyo County contains the Northern Inyo District public notice district, which is comprised of the City of Bishop.
(b) For the purpose of publishing notice arising from a location within Inyo County that is not within the district described in subdivision (a):
(a) Kern County contains the following public notice districts:
(1) Arvin-Lamont District, which is comprised of the City of Arvin and the unincorporated areas known as Lamont and Weedpatch.
(2) Bakersfield District, which is comprised of the City of Bakersfield and the unincorporated areas known as Oildale and Rosedale.
(3) Delano-McFarland District, which is comprised of the Cities of Delano and McFarland.
(4) Indian Wells District, which is comprised of the City of Ridgecrest.
(5) Kern River-Rand District, which is comprised of the unincorporated areas known as Bodfish, Kernville, Lake Isabella, Weldon, and Wofford Heights.
(6) Maricopa-Taft District, which is comprised of the Cities of Maricopa and Taft.
(7) Mojave District, which is comprised of California City and the unincorporated areas known as Mojave and Rosamond.
(8) Shafter District, which is comprised of the City of Shafter.
(9) Tehachapi District, which is comprised of the City of Tehachapi and the unincorporated area known as Bear Valley Springs.
(10) Wasco District, which is comprised of the City of Wasco.
(b) For the purpose of publishing notice arising from a location within Kern County that is not within one of the districts described in subdivision (a):
(a) Kings County contains the following public notice districts:
(1) Avenal District, which is comprised of the City of Avenal.
(2) Corcoran District, which is comprised of the City of Corcoran.
(3) Hanford District, which is comprised of the City of Hanford.
(4) Lemoore District, which is comprised of the City of Lemoore.
(b) For the purpose of publishing notice arising from a location within Kings County that is not within one of the districts described in subdivision (a):
(a) Lake County contains the following public notice districts:
(1) Clearlake Highlands District, which is comprised of the City of Clearlake.
(2) Lakeport District, which is comprised of the City of Lakeport.
(b) For the purpose of publishing notice arising from a location within Lake County that is not within one of the districts described in subdivision (a):
(a) Lassen County contains the Westwood-Honey Lake District public notice district, which is comprised of the City of Susanville and the unincorporated area known as Westwood.
(b) For the purpose of publishing notice arising from a location within Lassen County that is not within the district described in subdivision (a):
(a) Los Angeles County contains the following public notice districts:
(1) Alhambra District, which is comprised of the Cities of Alhambra, Monterey Park, San Gabriel, and Temple City and the unincorporated areas known as East San Gabriel and South San Gabriel.
(2) Antelope District, which is comprised of the Cities of Lancaster and Palmdale and the unincorporated areas known as Antelope, Del Sur, Elizabeth Lake, Green Valley, Lake Hughes, Lake Los Angeles, Leona Valley, Little Rock, Llano, Pearblossom, Quartz Hill, Sun Village, and Wilsona.
(3) Beverly Hills District, which is comprised of the Cities of Beverly Hills and West Hollywood.
(4) Burbank District, which is comprised of the City of Burbank.
(5) Catalina District, which is comprised of San Clemente Island and Santa Catalina Island.
(6) Citrus District, which is comprised of the Cities of Azusa, Baldwin Park, Covina, Glendora, Industry, Irwindale, and West Covina and the unincorporated areas known as Citrus, Charter Oak, Rowland Heights, South San Jose Hills, Valinda, Vincent, and West Puente Valley.
(7) Compton District, which is comprised of the Cities of Carson, Compton, Lynwood, and Paramount and the unincorporated areas known as Athens, East Compton, East Rancho Dominguez, West Carson, West Compton, West Rancho Dominguez, and Willowbrook.
(8) Culver District, which is comprised of Culver City and the unincorporated areas known as Centinela, Ladera Heights, Marina Del Rey, View Park, and Windsor Hills.
(9) Downey District, which is comprised of the Cities of Downey, La Mirada, and Norwalk.
(10) East Los Angeles District, which is comprised of the Cities of Commerce and Montebello and the unincorporated areas known as Belvedere and East Los Angeles.
(11) El Monte-Rio Hondo District, which is comprised of the Cities of El Monte, La Puente, Rosemead, and South El Monte and the unincorporated areas known as Avocado Heights, East Arcadia, Hacienda Heights, Mayflower Village, North El Monte, and Rio Hondo.
(12) Glendale District, which is comprised of the Cities of Glendale and La Cañada Flintridge and the unincorporated areas known as La Crescenta and Montrose.
(13) Inglewood District, which is comprised of the Cities of El Segundo, Hawthorne, and Inglewood and the unincorporated areas known as Del Aire, Lennox, West Athens, and Westmont.
(14) Long Beach District, which is comprised of the Cities of Long Beach and Signal Hill.
(15) Los Angeles District, which is comprised of the Cities of Los Angeles and San Fernando.
(16) Los Cerritos District, which is comprised of the Cities of Artesia, Bell Flower, Cerritos, Hawaiian Gardens, and Lakewood.
(17) Malibu District, which is comprised of the Cities of Agoura Hills, Calabasas, Hidden Hills, Malibu, and Westlake Village and the unincorporated areas known as Agoura, Malibu Heights, Topanga, and West Hills.
(18) Newhall-Soledad District, which is comprised of the City of Santa Clarita and the unincorporated areas known as Acton, Agua Dulce, Castaic, Canyon Country, Halsey Canyon, Gorman, Neenach, Newhall, Santa Susana Mountains, Saugus, Stevenson Ranch, Val Verde, and Valencia.
(19) Pasadena District, which is comprised of the Cities of Pasadena, San Marino, Sierra Madre, and South Pasadena and the unincorporated areas known as Altadena, East Pasadena, Kinneloa Mesa, and San Pasqual.
(20) Pomona District, which is comprised of the Cities of Claremont, Diamond Bar, La Verne, Pomona, San Dimas, and Walnut.
(21) Santa Anita District, which is comprised of the Cities of Arcadia, Bradbury, Duarte, and Monrovia and the unincorporated area known as South Monrovia Island.
(22) Santa Monica District, which is comprised of the City of Santa Monica.
(23) South Bay District, which is comprised of the Cities of Gardena, Hermosa Beach, Lawndale, Lomita, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, and Torrance and the unincorporated areas known as Alondra Park and El Camino Village.
(24) Southeast District, which is comprised of the Cities of Bell, Bell Gardens, Cudahy, Huntington Park, Maywood, South Gate, and Vernon and the unincorporated areas known as Florence-Graham and Walnut Park.
(25) Whittier District, which is comprised of the Cities of La Habra Heights, Pico Rivera, Santa Fe Springs, and Whittier and the unincorporated areas known as East Whittier, Rose Hills, South Whittier, and West Whittier-Los Nietos.
(b) For the purpose of publishing notice arising from a location within Los Angeles County that is not within one of the districts described in subdivision (a):
(a) Madera County contains the following public notice districts:
(1) Chowchilla District, which is comprised of the City of Chowchilla.
(2) Madera District, which is comprised of the City of Madera.
(3) Sierra District, which is comprised of the unincorporated areas known as Ahwahnee, Coarsegold, Oakhurst, and Yosemite Lakes.
(b) For the purpose of publishing notice arising from a location within Madera County that is not within one of the districts described in subdivision (a):
(a) Marin County contains the Central District public notice district, which is comprised of the Cities of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon and the unincorporated area known as Tamalpais-Homestead Valley.
(b) For the purpose of publishing notice arising from a location within Marin County that is not within the district described in subdivision (a):
Mariposa County contains a single, countywide public notice district.
(a) Mendocino County contains the following public notice districts:
(1) Arena District, which is comprised of the City of Point Arena.
(2) Little Lake District, which is comprised of the City of Willits.
(3) Ten Mile River District, which is comprised of the City of Fort Bragg.
(4) Ukiah District, which is comprised of the City of Ukiah.
(b) For the purpose of publishing notice arising from a location within Mendocino County that is not within one of the districts described in subdivision (a):
(a) Merced County contains the following public notice districts:
(1) Atwater District, which is comprised of the City of Atwater and the unincorporated areas known as Cressey, McSwain, and Winton.
(2) Dos Palos District, which is comprised of the City of Dos Palos.
(3) Gustine District, which is comprised of the City of Gustine.
(4) Livingston District, which is comprised of the City of Livingston and the unincorporated areas known as Ballico, Delhi, and Stevinson.
(5) Los Banos District, which is comprised of the City of Los Banos and the unincorporated area known as Santa Nella.
(6) Merced District, which is comprised of the City of Merced and the unincorporated area known as Franklin.
(b) For the purpose of publishing notice arising from a location within Merced County that is not within one of the districts described in subdivision (a):
(a) Modoc County contains the Alturas District public notice district, which is comprised of the City of Alturas.
(b) For the purpose of publishing notice arising from a location within Modoc County that is not within the district described in subdivision (a):
Mono County contains a single, countywide public notice district.
(a) Monterey County contains the following public notice districts:
(1) Castroville-Pajaro District, which is comprised of the unincorporated areas known as Castroville, Pajaro, and Pruneville.
(2) Gonzales District, which is comprised of the City of Gonzales.
(3) Greenfield District, which is comprised of the City of Greenfield.
(4) King City District, which is comprised of King City.
(5) Monterey-Carmel District, which is comprised of the Cities of Carmel, Del Rey Oaks, Monterey, Sand City, and Seaside.
(6) Pacific Grove District, which is comprised of the City of Pacific Grove and the unincorporated area known as Del Monte Forest.
(7) Salinas District, which is comprised of the Cities of Marina and Salinas.
(8) Soledad District, which is comprised of the City of Soledad.
(b) For the purpose of publishing notice arising from a location within Monterey County that is not within one of the districts described in subdivision (a):
(a) Napa County contains the following public notice districts:
(1) Calistoga District, which is comprised of the City of Calistoga.
(2) Napa District, which is comprised of the Cities of American Canyon, Napa, and Yountville.
(3) St. Helena District, which is comprised of the City of St. Helena and the unincorporated areas known as Angwin, Oakville, and Rutherford.
(b) For the purpose of publishing notice arising from a location within Napa County that is not within one of the districts described in subdivision (a):
(a) Nevada County contains the following public notice districts:
(1) Grass Valley District, which is comprised of the City of Grass Valley.
(2) Nevada District, which is comprised of Nevada City.
(3) Truckee District, which is comprised of the City of Truckee.
(b) For the purpose of publishing notice arising from a location within Nevada County that is not within one of the districts described in subdivision (a):
(a) Orange County contains the following public notice districts:
(1) Central Orange County District, which is comprised of the Cities of Orange, Santa Ana, Tustin, and Villa Park and the unincorporated area known as North Tustin.
(2) North Orange County District, which is comprised of the Cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, Garden Grove, La Habra, La Palma, Placentia, Stanton, and Yorba Linda.
(3) Orange County Harbor District, which is comprised of the Cities of Costa Mesa, Irvine, and Newport Beach.
(4) South Orange County District, which is comprised of the Cities of Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo, Rancho Santa Margarita, San Clemente, and San Juan Capistrano and the unincorporated areas known as Coto de Caza and Ladera Ranch.
(5) West Orange County District, which is comprised of the Cities of Fountain Valley, Huntington Beach, Los Alamitos, Seal Beach, and Westminster and the unincorporated area known as Rossmoor.
(b) For the purpose of publishing notice arising from a location within Orange County that is not within one of the districts described in subdivision (a):
(a) Placer County contains the following public notice districts:
(1) Auburn District, which is comprised of the City of Auburn and the unincorporated areas known as Meadow Vista, Newcastle, and North Auburn.
(2) Colfax-Alta-Dutch Flat District, which is comprised of the City of Colfax and the unincorporated areas known as Alta and Dutch Flat.
(3) Lincoln District, which is comprised of the City of Lincoln.
(4) Loomis District, which is comprised of the Cities of Loomis and Rocklin and the unincorporated areas known as Granite Bay and Penryn.
(5) Roseville District, which is comprised of the City of Roseville.
(b) For the purpose of publishing notice arising from a location within Placer County that is not within one of the districts described in subdivision (a):
(a) Plumas County contains the Beckwourth District public notice district, which is comprised of the City of Portola and the unincorporated area known as Beckwourth.
(b) For the purpose of publishing notice arising from a location within Plumas County that is not within the district described in subdivision (a):
(a) Riverside County contains the following public notice districts:
(1) Beaumont District, which is comprised of the Cities of Beaumont and Calimesa and the unincorporated area known as Cherry Valley.
(2) Coachella District, which is comprised of the City of Coachella and the unincorporated areas known as Thermal and Vista Santa Rosa.
(3) Corona District, which is comprised of the Cities of Corona, Eastvale, and Norco and the unincorporated areas known as El Sobrante, Home Gardens, and Temescal Valley.
(4) Desert District, which is comprised of the Cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage.
(5) Elsinore District, which is comprised of the Cities of Canyon Lake, Lake Elsinore, and Wildomar and the unincorporated areas known as Lakeland Village and Meadowbrook.
(6) Hemet District, which is comprised of the City of Hemet and the unincorporated areas known as East Hemet, Green Acres, Idyllwild-Pine Cove, Valle Vista, and Winchester.
(7) Jurupa District, which is comprised of the City of Jurupa Valley.
(8) Mecca District, which is comprised of the unincorporated areas known as Oasis and Mecca.
(9) Murrieta District, which is comprised of the Cities of Murrieta and Temecula and the unincorporated area known as French Valley.
(10) Palo Verde District, which is comprised of the City of Blythe.
(11) Perris District, which is comprised of the Cities of Menifee and Perris and the unincorporated areas known as Good Hope, Homeland, Lake Mathews, Mead Valley, and Nuevo.
(12) Riverside District, which is comprised of the Cities of Moreno Valley and Riverside and the unincorporated areas known as March AFB and Woodcrest.
(13) San Gorgonio District, which is comprised of the City of Banning and the unincorporated areas known as Cabazon and Whitewater.
(14) San Jacinto District, which is comprised of the City of San Jacinto.
(b) For the purpose of publishing notice arising from a location within Riverside County that is not within one of the districts described in subdivision (a):
(a) Sacramento County contains the following public notice districts:
(1) Elk Grove-Galt District, which is comprised of the Cities of Elk Grove and Galt and the unincorporated areas known as Rancho Murieta, Vineyard, and Wilton.
(2) Fair Oaks-Folsom District, which is comprised of the City of Folsom and the unincorporated areas known as Fair Oaks, Gold River, and Orangevale.
(3) Sacramento District, which is comprised of the Cities of Citrus Heights, Rancho Cordova, and Sacramento and the unincorporated areas known as Antelope, Arden-Arcade, Carmichael, Florin, Foothill Farms, La Riviera, Lemon Hill, North Highlands, Parkway, Rio Linda, and Rosemont.
(4) Walnut Grove-Isleton District, which is comprised of the City of Isleton and the unincorporated area known as Walnut Grove.
(b) For the purpose of publishing notice arising from a location within Sacramento County that is not within one of the districts described in subdivision (a):
(a) San Benito County contains the following public notice districts:
(1) Hollister District, which is comprised of the City of Hollister.
(2) San Juan District, which is comprised of the City of San Juan Bautista.
(b) For the purpose of publishing notice arising from a location within San Benito County that is not within one of the districts described in subdivision (a):
(a) San Bernardino County contains the following public notice districts:
(1) Barstow District, which is comprised of the City of Barstow.
(2) Bear Valley District, which is comprised of the City of Big Bear Lake and the unincorporated area known as Big Bear City.
(3) Bloomington District, which is comprised of the Cities of Fontana and Rialto and the unincorporated areas known as Bloomington and Lytle Creek.
(4) Chino District, which is comprised of the Cities of Chino and Chino Hills.
(5) Crest Forest District, which is comprised of the unincorporated areas known as Crestline and Lake Arrowhead.
(6) Cucamonga-Etiwanda District, which is comprised of the Cities of Montclair, Ontario, Rancho Cucamonga, and Upland.
(7) Needles District, which is comprised of the City of Needles.
(8) San Bernardino District, which is comprised of the Cities of Colton, Grand Terrace, Highland, Loma Linda, and San Bernardino and the unincorporated area known as Muscoy.
(9) Twentynine Palms District, which is comprised of the Cities of Twentynine Palms and Yucca Valley.
(10) Victorville District, which is comprised of the Cities of Adelanto, Apple Valley, Hesperia, and Victorville and the unincorporated areas known as Lucerne Valley and Phelan.
(11) Yucaipa District, which is comprised of the Cities of Redlands and Yucaipa and the unincorporated area known as Mentone.
(b) For the purpose of publishing notice arising from a location within San Bernardino County that is not within one of the districts described in subdivision (a):
(a) San Diego County contains the following public notice districts:
(1) El Cajon District, which is comprised of the Cities of El Cajon, La Mesa, Lemon Grove, and Santee and the unincorporated areas known as Alpine, Bostonia, Casa de Oro, Jamul, La Presa, Lakeside, Mount Helix, Ramona, Rancho San Diego, San Diego Country Estates, Spring Valley, and Winter Gardens.
(2) North County District, which is comprised of the Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista and the unincorporated areas known as Camp Pendleton, Fairbanks Ranch, Fallbrook, and Rancho Santa Fe.
(3) San Diego District, which is comprised of the Cities of Poway and San Diego, excluding that part of the City of San Diego that is in the South Bay District.
(4) South Bay District, which is comprised of the Cities of Chula Vista, Coronado, Imperial Beach, and National City, the unincorporated area known as Bonita, and that part of the City of San Diego lying south of the City of Chula Vista.
(b) For the purpose of publishing notice arising from a location within San Diego County that is not within one of the districts described in subdivision (a):
The City and County of San Francisco contains a single, countywide public notice district.
(a) San Joaquin County contains the following public notice districts:
(1) Lodi District, which is comprised of the City of Lodi.
(2) Manteca-Ripon-Escalon District, which is comprised of the Cities of Escalon, Lathrop, Manteca, and Ripon and the unincorporated area known as French Camp.
(3) Stockton District, which is comprised of the City of Stockton and the unincorporated area known as Garden Acres.
(4) Tracy District, which is comprised of the City of Tracy.
(b) For the purpose of publishing notice arising from a location within San Joaquin County that is not within one of the districts described in subdivision (a):
(a) San Luis Obispo County contains the following public notice districts:
(1) First District, which is comprised of the City of El Paso de Robles.
(2) Second District, which is comprised of the City of Atascadero and the unincorporated area known as Templeton.
(3) Third District, which is comprised of the City of Morro Bay and the unincorporated area known as Los Osos.
(4) Fourth District, which is comprised of the City of San Luis Obispo and the unincorporated areas known as Avila Beach and Los Ranchos.
(5) Fifth District, which is comprised of the Cities of Arroyo Grande, Grover Beach, and Pismo Beach and the unincorporated areas known as Edna and Nipomo.
(b) For the purpose of publishing notice arising from a location within San Luis Obispo County that is not within one of the districts described in subdivision (a):
(a) San Mateo County contains the following public notice districts:
(1) Central District, which is comprised of the Cities of Belmont, Burlingame, Foster City, Half Moon Bay, Hillsborough, Millbrae, and San Mateo and the unincorporated area known as Montara.
(2) Northern District, which is comprised of the Cities of Brisbane, Colma, Daly City, Pacifica, San Bruno, and South San Francisco.
(3) Southern District, which is comprised of the Cities of Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood City, San Carlos, and Woodside and the unincorporated area known as North Fair Oaks.
(b) For the purpose of publishing notice arising from a location within San Mateo County that is not within one of the districts described in subdivision (a):
(a) Santa Barbara County contains the following public notice districts:
(1) Carpinteria-Montecito District, which is comprised of the City of Carpinteria and the unincorporated area known as Montecito.
(2) Guadalupe District, which is comprised of the City of Guadalupe.
(3) Lompoc District, which is comprised of the City of Lompoc and the unincorporated area known as Vandenberg AFB.
(4) Santa Barbara-Goleta District, which is comprised of the Cities of Goleta and Santa Barbara and the unincorporated area known as Isla Vista.
(5) Santa Maria District, which is comprised of the City of Santa Maria and the unincorporated areas known as Los Alamos and Orcutt.
(6) Solvang District, which is comprised of the Cities of Buellton and Solvang.
(b) For the purpose of publishing notice arising from a location within Santa Barbara County that is not within one of the districts described in subdivision (a):
(a) Santa Clara County contains the following public notice districts:
(1) Gilroy-Morgan Hill District, which is comprised of the Cities of Gilroy and Morgan Hill.
(2) Los Gatos-Campbell-Saratoga District, which is comprised of the Cities of Campbell, Los Gatos, Monte Sereno, and Saratoga.
(3) Palo Alto-Mountain View District, which is comprised of the Cities of Los Altos, Los Altos Hills, Mountain View, and Palo Alto and the unincorporated areas known as Loyola and Stanford.
(4) San Jose-Milpitas-Alviso District, which is comprised of the Cities of Milpitas and San Jose and the unincorporated area known as Alum Rock.
(5) Santa Clara-Cupertino District, which is comprised of the Cities of Cupertino and Santa Clara.
(6) Sunnyvale District, which is comprised of the City of Sunnyvale.
(b) For the purpose of publishing notice arising from a location within Santa Clara County that is not within one of the districts described in subdivision (a):
Santa Cruz County contains a single, countywide public notice district.
(a) Shasta County contains the following public notice districts:
(1) Anderson District, which is comprised of the City of Anderson.
(2) Central Valley District, which is comprised of the City of Shasta Lake.
(3) Redding District, which is comprised of the City of Redding.
(b) For the purpose of publishing notice arising from a location within Shasta County that is not within one of the districts described in subdivision (a):
Sierra County contains a single, countywide public notice district.
(a) Siskiyou County contains the following public notice districts:
(1) Dorris District, which is comprised of the City of Dorris.
(2) Dunsmuir-Mount Shasta District, which is comprised of the Cities of Dunsmuir and Mount Shasta.
(3) Scott Valley District, which is comprised of the Cities of Etna and Fort Jones.
(4) Shasta Valley District, which is comprised of the Cities of Montague and Weed.
(5) Tulelake District, which is comprised of the City of Tulelake.
(6) Yreka District, which is comprised of the City of Yreka.
(b) For the purpose of publishing notice arising from a location within Siskiyou County that is not within one of the districts described in subdivision (a):
(a) Solano County contains the following public notice districts:
(1) Benicia District, which is comprised of the City of Benicia.
(2) Dixon District, which is comprised of the City of Dixon.
(3) Fairfield-Suisun District, which is comprised of the Cities of Fairfield and Suisun.
(4) Rio Vista District, which is comprised of the City of Rio Vista.
(5) Vacaville District, which is comprised of the City of Vacaville.
(6) Vallejo District, which is comprised of the City of Vallejo.
(b) For the purpose of publishing notice arising from a location within Solano County that is not within one of the districts described in subdivision (a):
(a) Sonoma County contains the following public notice districts:
(1) Central Sonoma County District, which is comprised of the Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol and the unincorporated areas known as Bloomfield, Forestville, and Guerneville.
(2) Northern District, which is comprised of the Cities of Cloverdale, Healdsburg, and Windsor.
(3) Petaluma District, which is comprised of the City of Petaluma and the unincorporated area known as Penngrove.
(4) Sonoma District, which is comprised of the City of Sonoma and the unincorporated areas known as Boyes Hot Springs and Kenwood.
(b) For the purpose of publishing notice arising from a location within Sonoma County that is not within one of the districts described in subdivision (a):
(a) Stanislaus County contains the following public notice districts:
(1) Ceres District, which is comprised of the Cities of Ceres and Hughson and the unincorporated areas known as Bystrom, Keyes, and Parklawn.
(2) Modesto District, which is comprised of the City of Modesto and the unincorporated areas known as Airport, Del Rio, Empire, and Salida.
(3) Newman District, which is comprised of the City of Newman and the unincorporated area known as Crows Landing.
(4) Oakdale-Waterford District, which is comprised of the Cities of Oakdale and Waterford.
(5) Patterson District, which is comprised of the City of Patterson and the unincorporated area known as Grayson.
(6) Riverbank District, which is comprised of the City of Riverbank.
(7) Turlock District, which is comprised of the City of Turlock.
(b) For the purpose of publishing notice arising from a location within Stanislaus County that is not within one of the districts described in subdivision (a):
(a) Sutter County contains the following public notice districts:
(1) Butte District, which is comprised of the City of Live Oak.
(2) Yuba District, which is comprised of Yuba City.
(b) For the purpose of publishing notice arising from a location within Sutter County that is not within one of the districts described in subdivision (a):
(a) Tehama County contains the following public notice districts:
(1) Corning District, which is comprised of the City of Corning and the unincorporated area known as Los Molinos.
(2) Red Bluff District, which is comprised of the Cities of Red Bluff and Tehama and the unincorporated area known as Gerber.
(b) For the purpose of publishing notice arising from a location within Tehama County that is not within one of the districts described in subdivision (a):
Trinity County contains a single, countywide public notice district.
(a) Tulare County contains the following public notice districts:
(1) Dinuba District, which is comprised of the City of Dinuba and the unincorporated areas known as Cutler and Orosi.
(2) Exeter-Farmersville District, which is comprised of the Cities of Exeter and Farmersville.
(3) Lindsay District, which is comprised of the City of Lindsay and the unincorporated area known as Strathmore.
(4) Pixley District, which is comprised of the unincorporated areas known as Earlimart, Pixley, Tipton, and Woodville.
(5) Porterville District, which is comprised of the City of Porterville and the unincorporated areas known as Cotton Center and Poplar.
(6) Tulare District, which is comprised of the City of Tulare.
(7) Visalia District, which is comprised of the City of Visalia and the unincorporated area known as Ivanhoe.
(8) Woodlake District, which is comprised of the City of Woodlake.
(b) For the purpose of publishing notice arising from a location within Tulare County that is not within one of the districts described in subdivision (a):
(a) Tuolumne County contains the Sonora District public notice district, which is comprised of the City of Sonora.
(b) For the purpose of publishing notice arising from a location within Tuolumne County that is not within the district described in subdivision (a):
Ventura County contains a single, countywide public notice district.
(a) Yolo County contains the following public notice districts:
(1) Davis District, which is comprised of the City of Davis.
(2) Washington District, which is comprised of the City of West Sacramento.
(3) Winters District, which is comprised of the City of Winters.
(4) Woodland District, which is comprised of the City of Woodland.
(b) For the purpose of publishing notice arising from a location within Yolo County that is not within one of the districts described in subdivision (a):
(a) Yuba County contains the following public notice districts:
(1) Marysville District, which is comprised of the City of Marysville and the unincorporated areas known as Linda, Olivehurst, and Plumas Lake.
(2) Wheatland District, which is comprised of the City of Wheatland and the unincorporated area known as Beale AFB.
(b) For the purpose of publishing notice arising from a location within Yuba County that is not within one of the districts described in subdivision (a):
The heading of Article 2 (commencing with Section 71042.5) of Chapter 6 of Title 8 of the Government Code is amended to read:
Article 2. Judicial Districts
Section 71042.5 of the Government Code is repealed.
Section 71380 of the Government Code is amended to read:
The Controller shall establish, supervise, and maintain trial court revenue distribution guidelines, including a program to audit the accuracy of distributions as provided by law, to ensure that all fines, penalties, forfeitures, and fees assessed by courts, and their collection and appropriate disbursement, shall be properly accounted for and distributed. The trial court revenue distribution guidelines shall apply to superior courts, counties, including counties' probation departments, central collection bureaus, and any other agencies or entities having a role in this process.
Section 1462.5 of the Penal Code is amended to read:
Each installment or partial payment of a fine, penalty, forfeiture, or fee shall be prorated among the state and local shares according to the trial court revenue distribution guidelines established by the Controller pursuant to Section 71380 of the Government Code. In cases subject to Section 1463.18 of the Penal Code, proration shall not occur until the minimum amounts have been transferred to the Restitution Fund as provided in that section.
Section 8402 of the Probate Code is amended to read:
(a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances:
(1) The person is under the age of majority.
(2) The person is subject to a conservatorship of the estate or is otherwise incapable of executing, or is otherwise unfit to execute, the duties of the office.
(3) There are grounds for removal of the person from office under Section 8502.
(4) The person is not a resident of the United States.
(5) The person is a surviving business partner of the decedent and an interested person objects to the appointment.
(b) Paragraphs (4) and (5) of subdivision (a) do not apply to a person named as executor or successor executor in the decedent's will.
Section 3381 of the Revenue and Taxation Code is amended to read:
(a) In each county where the tax collector or, if the county is a chartered county, the board of supervisors determines that the public interest, convenience and necessity require the local publication of the delinquent list required by Section 3371, or the published notice of power and intent to sell required by Section 3361, in order to afford adequate notice, all items required to be published shall be published as provided in this article.
(b) After the determination, the tax collector or, if the county is a chartered county, the board of supervisors shall divide and distribute the items to be published and cause the same to be published either within (1) the municipal corporations, (2) the elementary, high school, or junior college districts, (3) the supervisorial districts, (4) public notice districts described in Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code, (5) tax districts, areas included in map books, or tax code areas, or (6) by any annexation or annexations of same, or any combination of same, or any combination of those districts, annexations, areas included in map books, and tax code areas, within the county as they shall determine most likely to afford adequate notice to owners of the property.
(c) Except as provided in this article, the publication shall be in the same manner as provided in Article 1.7 (commencing with Section 3371).
(d) The publication provided for in this article shall be made once a week for two successive weeks in a newspaper or newspapers of general circulation. The publication shall be made in a newspaper published not less frequently than once a week.
(a) The tax collector shall publish the notice of intended sale once a week for three successive weeks in a newspaper of general circulation published in the county seat and in a newspaper of general circulation published in the public notice district in which the property is situated. If the same newspaper of general circulation is published in both the county seat and in the public notice district, or if the publication of the notice of sale is made in a newspaper which is determined pursuant to Section 3381 as most likely to afford adequate notice of the sale, a publication in that newspaper shall satisfy the requirements for publication set forth in this section. If there is no newspaper published in the county seat or in the public notice district, then publication in the location in which there is no newspaper may be made by posting notice in three public places in the county seat. The publication shall be started not less than 21 days prior to the date of the sale.
If in the judgment of the board of supervisors any property to be sold under this chapter will bring at auction less than the cost of publication in a newspaper, the publication of the notice of intended sale may be made in the same manner as if there were no newspaper published in the county seat or in the public notice district.
Section 5270.50 of the Welfare and Institutions Code is amended to read:
(a) Notwithstanding Section 5113, if the provisions of Section 5270.35 have been met, the professional person in charge of the facility providing intensive treatment, his or her designee, and the professional person directly responsible for the person's treatment shall not be held civilly or criminally liable for any action by a person released before or at the end of 30 days pursuant to this article.
(b) The attorney or advocate representing the person, the court-appointed commissioner or referee, the certification review hearing officer conducting the certification review hearing, or the peace officer responsible for detaining the person shall not be civilly or criminally liable for any action by a person released at or before the end of the 30 days of intensive treatment pursuant to this article.
Section 2.5 of this bill incorporates amendments to Section 1942.5 of the Civil Code proposed by both this bill and Assembly Bill 551. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 1942.5 of the Civil Code, and (3) this bill is enacted after Assembly Bill 551, in which case Section 2 of this bill shall not become operative.


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Historic Fort Snelling exhibit to honor Native Americans that served in the military
The exhibit tells the remarkable history of the brave American Indian and Alaska Native men and women who have served in the United States military.
'Patriot Nations: Native Americans in Our Nation's Armed Forces'
Exhibit opens at Historic Fort Snelling May 27
Photo caption: General Douglas MacArthur, commander-in-chief of the Allied forces in the South Pacific, on an inspection trip of American battle fronts, late 1943. From left: Staff Sergeant Virgil Brown (Pima), First Sergeant Virgil F. Howell (Pawnee), Staff Sergeant Alvin J. Vilcan (Chitimacha), General MacArthur, Sergeant Byron L. Tsingine (Diné [Navajo]), Sergeant Larry Dekin (Diné [Navajo]). U.S. Army Signal Corps
St. Paul, Minn. (April 2017) - "Patriot Nations: Native Americans in Our Nation's Armed Forces" tells the remarkable history of the brave American Indian and Alaska Native men and women who have served in the United States military. Native peoples have participated in every major U.S. military encounter from the Revolutionary War to today's conflicts in the Middle East, serving at a higher rate in proportion to their population than any other ethnic group.
This exhibit is presented in 18 full-color banners, including additional content developed by MNHS about the efforts of American Indian veterans from Minnesota and the surrounding area. It will be on display Saturday, May 27 to Saturday, Aug. 12, 2017, inside the historic fort and is included with regular site admission. Admission for Native American guests is waived.
The exhibit is available during regular open hours. The fort opens for the summer season on Memorial Day Weekend with a number of programs, including tours, family activities and an exploration of different eras of U.S. military history as presented through costumed history players. In addition, visitors can take in a special photo exhibit in the visitor center, "'Gambatte! Legacy of an Enduring Spirit' Japanese American WWII Incarceration, Then & Now," to learn about the legacy of Japanese Americans who persevered over their incarceration during World War II.
"Patriot Nations: Native Americans in Our Nation's Armed Forces" is produced by the Smithsonian's National Museum of the American Indian. The exhibition was made possible by the generous support of the San Manuel Band of Mission Indians.
About Historic Fort Snelling
Historic Fort Snelling is located near the MSP airport at the intersection of Hwys. 5 and 55 overlooking the Mississippi and Minnesota rivers. Originally an 1820s Army outpost to protect U.S. interests in the fur trade, the fort and surrounding buildings were later used for military training from the Civil War through World War II. Human history in the area dates back at least 10,000 years. Historic Fort Snelling is Minnesota's first National Historic Landmark and a member of the International Coalition of Sites of Conscience.
The Minnesota Historical Society is a non-profit educational and cultural institution established in 1849. MNHS collects, preserves and tells the story of Minnesota's past through museum exhibits, libraries and collections, historic sites, educational programs and book publishing. Using the power of history to transform lives, MNHS preserves our past, shares our state's stories and connects people with history. Visit us at mnhs.org.
The Minnesota Historical Society is supported in part by its Premier Partners: Xcel Energy and Explore Minnesota Tourism.

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