Amendments to the California Rules of Court Effective April 6, 2020

AMENDMENTS TO THE CALIFORNIA RULES OF COURT
Adopted by the Judicial Council on April 6, 2020, effective April 6, 2020

At its meetings today, April 6, 2020, the Judicial Council of California amended the California Rules of Court, effective immediately. For additional information about these changes, please visit the Judicial Council’s meeting webpage at http://www.courts.ca.gov/jcmeetings.htm.

Click here to review the memorandum in it’s entirety. 

The following language regarding evictions will be of special interest to attorneys handling landlord/tenant disputes.

(b) 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.

(c) 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:

(1)   The action is necessary to protect public health and safety; and

(2)   The defendant has not appeared in the action within the time provided by law, including by any applicable executive order.

(d) 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.

(e) 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after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council.

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