California Judicial Council Adopts Emergency Rules Affecting Unlawful Detainer Actions and More
If you are a commercial tenant these new rulings effect your rights to stay in your leased space even if you are unable to use the space or pay any or all of your rent. While this is a very positive outcome for tenants, it is still very much in the best interest of any commercial tenant to get ahead of the issues and work proactively with your landlord and property management to develop a clear path for the immediate and extended future.
The Jeff Tabor Group has been working with scores of clients since the onset of the pandemic. We are diving into these uncharted waters and negotiating directly with landlords with great success.
Please read on to see the rules of most interest as laid out by the fine folks at Allen Matkins, as well as letter from the same firm applauding the services offered by Jeff Tabor Group.
April 8, 2020
The Judicial Counsel of California adopted 11 temporary emergency rules in response to COVID-19 pandemic affecting eviction proceedings, judicial foreclosures and statutes of limitations for civil causes of actions, among other things. These new rules adopted April 6, 2020, are effective immediately and apply to all California state courts.
Rules of particular interest:
• Emergency Rule 1: Unlawful Detainers Prohibits courts from issuing a summons on an unlawful detainer complaint until 90 days after the Governor declares the state of emergency related to the COVID-19 pandemic is lifted. This rule applies to all new unlawful detainer actions – whether or not the eviction action is related to nonpayment of rent for COVID-19 related issues. The only exception is for an unlawful detainer action necessary to protect public health and safety.
• Emergency Rule 2: Judicial Foreclosures Stays any action for judicial foreclosure and tolls any statute of limitations for filing such action until 90 days after the state of emergency is lifted.
• Emergency Rule 9: Tolling of Statutes of Limitations for Civil Causes of Action Tolls statutes of limitations for civil causes of action from April 6, 2020, until 90 days after the Governor declares the state of emergency is lifted.
• Emergency Rule 10: Extension of 5-Year Rule for Civil Actions Extends the five-year deadline to bring a civil action to trial to five years and six months for all actions filed on or before April 6, 2020.
• Emergency Rule 11: Depositions through Remote Electronic Means Allows a deponent to not be present with the deposition officer at the time of deposition.
Credit – Marissa M. Dennis and Charles D. Jarrell of the Allen Matkins Law Firm
