Effective April 6, 2020, the California Judicial Council enacted eleven Emergency Rules of the California Rules of Court due to the COVID-19 pandemic. Among the changes set forth in the Emergency Rules, we wanted to call to your attention those certain Emergency Rules which impact the availability of a judicial remedy in a dispute relating to real property.
Evictions/Unlawful Detainer (Emergency Rule 1)
- A court may not issue a summons on a
complaint for unlawful detainer (“U/D”) unless action
is necessary to protect public health and safety.
- A court may not enter default or a
default judgment in a U/D action unless (1) necessary to protect
public health and safety and (2) defendant failed to appear.
- Trial dates for U/D actions are
continued at least 60 days.
- The Rule is to remain in effect until
90 days after the Governor declares the state of emergency lifted
or until the rule is amended or repealed by the Judicial
Council.
Judicial Foreclosures Suspended (Emergency Rule 2)
- Any actions for foreclosure,
including any action for a deficiency judgment, are stayed unless
necessary to protect public health and safety.
- Any applicable statute of limitation
is tolled.
- The Rule is to remain in effect until
90 days after Governor declares the state of emergency lifted, or
until the rule is amended or repealed by the Judicial
Council.
Statutes of Limitations for Civil Cases of Action Tolled (Emergency Rule 9)
- The statutes of limitations for civil
causes of action is tolled from April 6, 2020, until 90 days after
the Governor lifts the state of emergency.
Extensions of time to bring civil actions to trial (Emergency Rule 10)
- For all civil actions filed on or
before April 6, 2020, the time to bring the action to trial is
extended by 6 months for a total time of 5 years and 6
months.
- For all civil actions filed on or before April 6, 2020, if a new trial is granted, the time is extended by 6 months for a total time of 3 years and 6 months.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.