Section 3716.3 Of Article 2. Uninsured Employers Fund From California Labor Code >> Division 4. >> Part 1. >> Chapter 4. >> Article 2.
3716.3
. (a) Notwithstanding any other provision of law to the
contrary, when the director obtains a judgment against an uninsured
employer, the director may, in addition to any other remedies
provided by law, enforce the judgment by nonjudicial foreclosure.
This enforcement shall not be subject to Chapter 4 (commencing with
Section 703.010) of Division 2 of Title 9 of Part 2 of the Code of
Civil Procedure relating to claiming exemptions after levy.
(b) To enforce the judgment by nonjudicial foreclosure, the
director shall record with the county recorder of any county in which
real property of the parties against whom the judgment is taken is
located, a certified copy of the judgment together with the director'
s notice of intent to foreclose. The notice of intent to foreclose
shall set forth all of the following:
(1) The name, address, and telephone number of the trustee
authorized by the director to enforce the lien by sale.
(2) The legal description of the real property to be foreclosed
upon.
(3) Proof of service by registered or certified mail on the
following:
(A) The parties against whom the foreclosure is sought at their
last known address as shown on the official records of the appeals
board and as shown on the latest recorded deed, deed of trust, or
mortgage affecting the real property which is the subject of the
foreclosure.
(B) All of the owners of the real property which is subject to the
foreclosure at their last address as shown on the latest equalized
assessment roll.
(c) Upon the expiration of 20 days following recording of the
judgment and notice of intent to foreclose, the trustee may proceed
to sell the real property. Any sale by the trustee shall be conducted
in accordance with Article 1 (commencing with Section 2920) of
Chapter 2 of Title 14 of Part 4 of Division 3 of the Civil Code
applicable to the exercise of powers of sale of property under powers
created by mortgages and deeds of trust.
(d) The director may authorize any person, including an attorney,
corporation, or other business entity, to act as trustee pursuant to
subdivision (b).
(e) Except as provided in subdivision (f), this section shall
apply to all judgments which the director has obtained or may obtain
pursuant to Section 3717, 3726, or 5806.
(f) This section shall not apply to the principal residence of an
employer if the appeals board finds that the employer, on the date of
injury, employed 10 or fewer employees. An employer seeking this
exemption shall provide proof of payment of tax withholding required
pursuant to Division 6 (commencing with Section 13000) of the
Unemployment Insurance Code, to assist in determining the number of
employees on the date of injury.