CA - Judicial Council Adopts New Rules to Lower Jail Population, Suspend Evictions and Foreclosures (04/06/20)
On 04/06/20, the CA Judicial Council approved 11 temporary emergency rules, including staying eviction and foreclosure proceedings to protect Californians from losing their homes during the COVID-19 pandemic.
The full emergency rules can be found here.
MAIN POINTS
A summons on an unlawful detainer may not be issued unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety.
A default or a default judgment in an unlawful detainer may not be entered unless the action is necessary to protect public health and safety and the defendant has not made a first appearance.
A trial date in an unlawful detainer may not be set earlier than 60 days after a trial request is made unless it is is necessary to protect public health and safety.
These rules are in effect until 90 days after Governor Newsom lifts the state of emergency of the Judicial Council adopts new rules.
Effective 04/06/2020 - California Judicial Council Emergency Rules
Issuance of Summons
A court may not issue a summons on a complaint for unlawful detainer unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety.
Entry of Default
A court may not enter a default or a default judgment for restitution in an unlawful detainer action for failure of defendant to appear unless the court finds both of the following:
The action is necessary to protect public health and safety; and
The defendant has not appeared in the action within the time provided by law, including by any applicable executive order.
Time for Trial
If a defendant has appeared in the action, the court may not set a trial date earlier than 60 days after a request for trial is made unless the court finds that an earlier trial date is necessary to protect public health and safety. Any trial set in an unlawful detainer proceeding as of April 6, 2020 must be continued at least 60 days from the initial date of trial.
Sunset of Rule
This rule will remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council.