Section 406 Of Chapter 7.5. Protections From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.5.
406
. (a) No eviction or distress shall be made during the period of
military service specified in Section 400, during which a service
member is called to active state service pursuant to Section 143 or
146 or active federal service pursuant to Title 10 or 32 of the
United States Code or active duty, until 30 days after the service
member is released from active service or duty if the premises are
occupied primarily for dwelling purposes by the spouse, children, or
other dependents of a service member, except upon leave of court
granted upon application therefor or granted in an action or
proceeding affecting the right of possession.
(b) On any application or in any action under this section, the
court may on its own motion, and shall, on application, stay the
proceedings for the period specified in subdivision (a) or rather
than granting a complete stay, the court may require the tenant to
make regular partial payments during the service member's period of
military service, or the court may make any other order that it finds
to be just, unless the court finds that the ability of the tenant to
pay the agreed rent is not materially affected by that military
service. Where that stay is made by the court, the owner of the
premises shall be entitled, upon application therefor, to relief in
respect of those premises similar to that granted persons in military
service in Sections 407, 408, and 409.1 to that extent and for that
period as may appear to the court to be just.
(c) Any person violating this section shall be liable for actual
damages, reasonable attorney's fees, and costs incurred by the
injured party.
(d) Any person who knowingly takes part in any eviction or
distress as provided in this section or who attempts to do so, is
guilty of a misdemeanor, and shall be punishable by imprisonment not
to exceed one year or by a fine not to exceed one thousand dollars
($1,000), or both.