(c) 2003, Mike Barkley

Government Code:

26733.5. The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor including the putting of a person in possession of the premises and removing the occupant or occupants is seventy-five dollars ($75). The fee for reposting of a notice to vacate shall be pursuant to Section 26721.

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Mike Barkley
161 N. Sheridan Ave. #1
Manteca, CA 95336

January 19, 2003

Assemblyman Greg Aghazarian

Dear Assemblyman Aghazarian,

Please introduce a bill " add the following wording to Government Code Section 26733.5 following the existing word '($75)':

', except that if the writ is served on the same day it is received and the person is put in possession of the premises and the occupant or occupants are removed on the sixth day after that service (even if the sixth day falls on a holiday) the fee shall be five hundred dollars ($500).'"

For those of us who own and/or operate rental property, evictions are dangerous and expensive and place us, the property, other tenants, and neighbors at serious risk of death or injury, and escalating property and financial damage. The sheriff in San Joaquin County scheduled return of possession some 21 days later for the latest writ I delivered to him instead of the 5 days specified in the code, a rather outrageous dereliction of duty for the sole power authorized by law to halt what is in essence the theft of real property valued at $50,000 or more. With the continuing erosion of the code time lines by the actual actions of the courts and the sheriffs, a return period that is specified as 13 days in the code now runs some 30 to 90 days, with frightening consequences to our persons, properties, other tenants and neighbors. The existing $75 fee is so low the Sheriff has no incentive to comply with and enforce the 5-day provision in California Code of Civil Procedure Sections 715.010 and 715.020, and instead performs the service and evictions whenever he chooses, leaving the public in great peril, a peril the sheriff obliquely acknowledges in his "Eviction Information for Property Owners/Managers/Counsel" in his mention of "an officer safety issue". Even at $500 the property owners, managers, other tenants, and neighbors would be far better off financially (as well as physically) than under the present lax law enforcement environment, one of indifference to the requirements of this code and other codes and indifference towards the continuing injuries even if chargeable as crimes for which crimes they will not accept complaints or charge the perpetrators. This may seem strange to you unless you are in the rental business: for those of us who are, we know it's useless to attempt to report identity theft, embezzlement, drug dealing, drug labs, trespass, fraud, theft of services, auto tampering, vandalism, or most any other crime we witness ( see ). As a class of victims, we have been removed from the protections of the law by actions of law enforcement, prosecutors, and the courts. The sheriff's scofflaw attitude towards the 5-day serve and evict procedures is illustrative of our reduction to second class citizenship in California. At least, please help us recover our property in the time prescribed by law.

Thank you.

/s/ Michael J. Barkley

cc: San Joaquin County Sheriff Baxter Dunn

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--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
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