California Judicial Council “Sunsets” Emergency Rules Prohibiting Temporary Eviction and Foreclosure Cases

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From our friends at AAGLA

“The Judicial Council of California has voted to end two temporary emergency rules governing evictions and judicial foreclosures.  The emergency rules will “sunset” effective midnight on September 1, 2020, one day following the scheduled end of this year’s legislative session on August 31, 2020.  The Judicial Council serves as the rule-making body for California’s court system, and as part of its emergency rules, prohibited the issuing of court summons in eviction matters for other than emergency cases involving the health and safety of residents.

The Judicial Council originally approved the temporary emergency rules prohibiting, for all practical purposes, evictions, and foreclosure proceedings at a special remote meeting on April 6, 2020.  The Judicial Council’s action had prohibited eviction cases from moving forward for 90-days following the date in which the Governor’s emergency declaration is lifted, which is currently September 30, 2020.  Accordingly, the Judicial Council’s emergency rule would have extended the eviction “ban” through the end of 2020.

It is likely; however, that Governor Newsom will extend his emergency declaration and eviction ban through December 31, 2020.  We will just have to wait and see.  Let’s hope for the best.”


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