Judicial Council Votes To End Temporary Emergency Rules on Eviction, Foreclosures Septemer 1st.
The Judicial Council of California voted to end two temporary emergency rules governing evictions and judicial foreclosures, which will stay in effect through Sept. 1. The proposal was approved 19-1, with council members submitting their votes by circulating order.
The Judicial Council originally approved the temporary emergency rules staying eviction and foreclosure proceedings at a special remote meeting on April 6. California Chief Justice Tani G. Cantil-Sakauye then suspended a vote on June 10 to provide the Governor and Legislature more time to develop policy proposals and solutions to deal with the potential impacts of evictions and foreclosures during the COVID-19 pandemic.
“The judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic,” Chief Justice Cantil-Sakauye said in a statement.
“The duty of the judicial branch is to resolve disputes under the law and not to legislate. I urge our sister branches to act expeditiously to resolve this looming crisis."
The two temporary emergency rules, rules 1 and 2, which are the subject of this report, were adopted on April 6.
- Emergency rule 1 deals with unlawful detainer actions, more commonly known as “eviction actions,” prohibiting the issuance of summons or entering of defaults in such actions unless the case involves public health and safety issues, and providing that trials be set at least 60 days after a request for trial.
- Emergency rule 2 addresses judicial foreclosure actions, staying all pending actions other than those involving issues of public health and safety, tolling the statute of limitations on filing such actions, and extending the deadlines for election or exercise of rights relating to such actions.
