Following Governor Newsom’s executive order (N-38-20) authorizing local governments to halt evictions for renters affected by the COVID-19 pandemic[1], the Judicial Council of California, in April 2020, took action and approved temporary emergency rules in response to the pandemic, including Emergency Rule 1. Emergency Rule 1 essentially suspended all commercial and residential evictions across California by prohibiting California State Courts from issuing a summons on any unlawful detainer complaint, except when it is necessary to protect public health and safety.

On August 13, 2020, the Judicial Council of California voted to end two temporary emergency rules, namely Emergency Rule 1 and Emergency Rule 2[2]. As a result, Emergency Rule 1 will stay in effect through midnight on September 1, 2020.[3] In other words, California State Courts will resume eviction and foreclosure cases on September 2, 2020.

The California Legislature has less than three weeks to weigh and come up with eviction measures before its adjournment on August 31, 2020. Currently, the California Legislature is considering two proposed measures, namely Senate Bill 1410 and Assembly Bill 1436.

If you have any questions, please feel free to contact Justin Paik at jpaik@ferrisbritton.com.

[1] The authorization was originally set to expire on May 31, 2020, but has not been extended and will expire on September 30, 2020. Executive Order N-38-20; Executive Order N-66-20, https://www.gov.ca.gov/wp-content/uploads/2020/05/5.29.20-EO-N-66-20.pdf.

[2] Emergency Rule 2 deals with judicial foreclosures. This article does not discuss any impact on judicial foreclosures following the Judicial Council’s vote to end Emergency Rule 2.

[3] https://newsroom.courts.ca.gov/news/judicial-council-votes-to-end-temporary-emergency-rules-on-evictions-foreclosures-sept-1.

Justin C. Paik is a transactional attorney at Ferris & Britton who specializes in Tax, Business, Estate Planning, and Probate.