A bill is moving through the California State Senate right now that could allow any tenant – including one you evicted years ago – to walk into a courthouse, hand a judge a piece of paper with no proof, no oath, and no evidence of any kind, and force you to prove all over again that your eviction was legal. If you cannot prove it – because the records are old, the process server has retired, or the paperwork no longer exists – your eviction could be thrown out entirely.
And the moment that happens, you are not just a landlord who lost a motion. You are a potential defendant in a wrongful eviction lawsuit. With damages. With penalties. With attorney’s fees. Potentially for an eviction you completed years ago.
This is not a hypothetical. This is what AB 2042 (Kalra) does. And it is heading to the Senate Judiciary Committee right now.
WHAT IS AT STAKE FOR YOU AS A PROPERTY OWNER
Under AB 2042 as currently written:
- Any tenant can challenge any eviction by filing a single piece of paper claiming they were never properly served – with no corroboration, no witnesses, no evidence required. A handwritten note is enough under this bill’s language.
- The entire burden of proof flips to you. You must prove your eviction was legally served, by a preponderance of the evidence, even though you already proved your case twice to get the judgment in the first place.
- A mandatory court hearing is triggered automatically. No judge can screen out a frivolous motion. Your process server is subpoenaed. You pay your attorney. Every time. Any case.
- If the case is dismissed, your eviction is retroactively void. Not just overturned – treated as if it never had legal authority. You could face wrongful eviction claims, statutory penalties (depending on the jurisdiction), fair housing lawsuits, and attorney’s fees – for an eviction you completed years ago under a valid court order.
- This window stays open for up to 15 years. Every eviction judgment you hold right now – every one filed after January 1, 2027 – is potentially subject to this mechanism for the life of the judgment.
THINK ABOUT WHAT THIS MEANS IN PRACTICE
You evicted a tenant in 2028. You followed every rule. Your process server filed a proper proof of service. You went to court. You proved your case. The Sheriff executed the writ. It is over.
In 2035 – seven years later – that former tenant files a piece of paper saying they were never properly served. Your process server from 2028 has retired and cannot recall the specific service. Your attorney closed the file in 2031. The records are gone.
Under AB 2042, a mandatory evidentiary hearing is triggered. You must prove service was lawful, but now the evidence no longer exists. The case is dismissed. Your 2028 eviction is now void. The former tenant’s attorney files a wrongful eviction lawsuit. The question is not whether you owe damages. It is how much.
This is not a far-fetched scenario. This is the direct, logical consequence of AB 2042 as written. And it will happen.
WHAT WE ARE ASKING FOR — AND IT IS SIMPLE
We are not asking the Legislature to kill AB 2042. The bill has a legitimate purpose – stopping fraudulent process servers who fabricate service records in debt collection cases. We support that goal.
We are asking for one amendment: exclude unlawful detainer proceedings from this bill’s mechanism. One sentence. Eviction cases already have their own legal protections for tenants who were genuinely not served. AB 2042’s new mechanism adds nothing for legitimate tenants. However, it creates devastating exposure for every property owner in California.
CALL YOUR STATE SENATOR TODAY – HERE IS WHAT TO SAY
Find your California State Senate representative:
- Go to www.legislature.ca.gov
- Enter your address
- Click your Senator’s name
- Call their office.
When they answer, say this:
“My name is [YOUR NAME] and I am a property owner in [YOUR CITY]. I am calling about AB 2042 by Assemblymember Kalra. This bill will allow tenants to challenge evictions from years ago with no evidence, flip the entire burden of proof onto landlords, and expose property owners to wrongful eviction lawsuits for evictions we completed legally under valid court orders. I am asking Senator [NAME] to oppose AB 2042 unless it is amended to exclude unlawful detainer proceedings.
Please amend as follows:
(1) Require corroborating evidence alongside any declaration
(2) Remove or clarify the dismissal power in UD proceedings
(3) Add judicial gatekeeping before mandatory hearings are triggered
If the author will not accept any amendment, please vote no!
Lastly, please consider the doctrine of finality. In California, this principle is strongly recognized because courts favor certainty and judicial economy.
Please pass this message along. Thank you.”
Call the members of the Senate Judiciary Committee:
Chair: Senator Tom Umberg (D-Santa Ana) – (916) 651-4034
Vice Chair: Senator Roger Niello (R-Fair Oaks) – (916) 651-4006
Additional committee member phone numbers available at: www.legislature.ca.gov/senate_committees
Due to the dynamic nature of bills, the current status may have changed! For the current status of AB 2042, please visit HTTPS://LEGINFO.LEGISLATURE.ca.gov and fill in the bill number: AB 2042 and click on “Go”.
AOA recognizes John Healy, Esq., long-time AOA member, for bringing this sneaky bill to our attention! You can reach Mr. Healy at jhealy@healylegal.com.