BILL NUMBER: AB 1267	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 6, 2015
	PASSED THE ASSEMBLY  MAY 7, 2015
	AMENDED IN ASSEMBLY  APRIL 27, 2015
	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 27, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1267, Bloom. Lawsuits, liens, and other encumbrances.
   Existing law prohibits a person from filing or recording a
lawsuit, lien, or other encumbrance, pertaining to actions arising in
the course and scope of the duties of a public officer or employee,
against a public officer or employee, knowing that it is false, with
the intent to harass the public officer or employee or to influence
or hinder the public officer or employee in discharging his or her
official duties. Existing law also provides that a person who records
or files a lawsuit, lien, or encumbrance against a public officer or
employee in violation of this prohibition, as specified, is liable
for a civil penalty not to exceed $5,000. Existing law requires a
court to issue an order striking and releasing a lien or other
encumbrance against a public officer or official in violation of this
prohibition, and it allows a court to award costs and reasonable
attorney's fees in that instance.
   Existing law permits a public officer or employee whose property
is subject to a lien or other encumbrance in violation of this
prohibition to petition the superior court of the county in which the
person resides or in which the property is located for an order
directing the lien or other encumbrance claimant to appear at a
hearing before the court and show cause why the lien or other
encumbrance should not be stricken and other relief should not be
granted.
   This bill would repeal and recast these provisions and instead
prohibit a person from filing or recording, or directing another to
file or record, a lawsuit, lien, or other encumbrance against any
person or entity, knowing that it is false, with the intent to harass
the person or entity or to influence or hinder the person in
discharging his or her official duties if the person is a public
officer or employee. The bill would also provide that a person who
files a lawsuit, lien, or other encumbrance against any person or
entity in violation of this prohibition is liable for a civil penalty
not to exceed $5,000.
   This bill would allow any person or entity subject to a lien or
other encumbrance in violation of its prohibitions to petition the
superior court of the county in which the person or entity resides or
in which the property is located for an order directing the lien or
other encumbrance claimant to appear at a hearing before the court
and show cause why the lien or other encumbrance should not be
stricken and other relief should not be granted. The bill would
expand the requirement for a court to issue an order striking and
releasing a lien or other encumbrance to apply to a lawsuit, lien, or
other encumbrance against any person or entity. The bill would also
make other conforming changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 765.010 of the Code of Civil Procedure is
repealed.
  SEC. 2.  Section 765.010 is added to the Code of Civil Procedure,
to read:
   765.010.  (a) For purposes of this section:
   (1) "Harass" means engage in knowing and willful conduct that
serves no legitimate purpose.
   (2) "Entity" includes both governmental and private entities.
   (b)  A person shall not file or record, or direct another to file
or record, a lawsuit, lien, or other encumbrance, including a notice
of lis pendens, against another person or entity knowing it is false,
with the intent to harass the person or entity or to influence or
hinder the person in discharging his or her official duties if the
person is a public officer or employee.
   (c) (1) A person or entity whose property is subject to a lien or
encumbrance in violation of this section may petition the superior
court of the county in which the person or entity resides or in which
the property is located for an order, which may be granted ex parte,
directing the lien or other encumbrance claimant to appear at a
hearing before the court and show cause why the lien or other
encumbrance should not be stricken and other relief provided by this
article should not be granted.
   (2) The court shall schedule the hearing no earlier than 14 days
after the date of the order. The scheduled date of the hearing shall
allow adequate time for notice of the hearing.
  SEC. 3.  Section 765.030 of the Code of Civil Procedure is amended
to read:
   765.030.  If the court determines that the lien or other
encumbrance is in violation of Section 765.010, the court shall issue
an order striking and releasing the lien or other encumbrance and
may award costs and reasonable attorney's fees to the petitioner to
be paid by the lien or other encumbrance claimant. If the court
determines that the lien or other encumbrance is valid, the court
shall issue an order so stating and may award costs and reasonable
attorney's fees to the encumbrance claimant to be paid by the
petitioner. The court may direct that such an order shall be
recorded.
  SEC. 4.  Section 765.040 of the Code of Civil Procedure is amended
to read:
   765.040.  Any lien or encumbrance claimant who records or files,
or directs another to record or file, a lawsuit, lien, or other
encumbrance in violation of Section 765.010 shall be liable to the
person subject to the lawsuit or the owner of the property bound by
the lien or other encumbrance for a civil penalty of up to five
thousand dollars ($5,000).
  SEC. 5.  Section 765.060 of the Code of Civil Procedure is amended
to read:
   765.060.  If a lien or other encumbrance is recorded or filed
against a public officer or employee in violation of Section 765.010,
the state or local agency that employs the public officer or
employee may provide counsel for the public officer or employee in an
action brought pursuant to that section.
  SEC. 6.  Section 6223 of the Government Code is repealed.