On April 6, 2020, the Judicial Council of California, the policymaking body of the state’s court system, adopted emergency rules as a result of the COVID-19 pandemic. Emergency Rule 1 effectively places a state-wide moratorium on all evictions—both residential and commercial. First, “A court may not issue a summons on a complaint for unlawful detainer unless” the court finds eviction “is necessary to protect public health and safety.” (Emergency Rule 1(b).) This ban on future evictions will not be lifted until 90 days after the Governor declares an end to the state of emergency related to the COVID-19” or until such time as the Emergency Order is amended or repealed by the Judicial Council. (Emergency Rule 1(e).)

Second, the Judicial Council has order that all pending unlawful detainer matters be delayed until at least approximately mid-June 2020, as trials for all pending unlawful detainer matters must be continued at least 60 days or set no earlier than 60 days from the date that the plaintiff files a request for trial, the court finds eviction “is necessary to protect public health and safety.” (Emergency Rule 1(d).)

We will continue to closely monitor developments in this arena. Please feel free to contact us if you have any questions or require any assistance. If you would like to receive our Financial Services Updates and/or our Labor & Employment Updates, please let us know. In the meantime, please stay safe.