CA Judicial Council Issues Emergency Court Rules on Unlawful Detainers and Judicial Foreclosures
Tuesday, April 21, 2020
The California Judicial Council issued emergency rules effective immediately that affectively stop unlawful detainers and judicial foreclosures.
Emergency Rule 1 states that 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. Nor may a court may enter a default or a default judgment for restitution in an unlawful detainer action for failure of defendant to appear unless the court finds that 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.
The rule remains 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after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council.
Emergency Rule 2 suspends actions for judicial foreclosures, including any action for a deficiency judgment, and provides that, until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until the rule is amended or repealed by the Judicial Council:
All such actions are stayed, and the court may take no action and issue no decisions or judgments unless the court finds that action is required to further the public health and safety.
Any statute of limitations for filing such an action is tolled.
The period for electing or exercising any rights under the law regulations foreclosures, including exercising any right of redemption from a foreclosure sale or petitioning the court in relation to such a right, is extended.
A copy of the rules may be found here.