Judicial Council Approves Emergency Rules Related to Eviction Cases

On April 6, 2020, the Judicial Council of California approved emergency rules related to unlawful detainer (eviction) actions. This will impact our ability to file eviction actions until 90 days after the Governor lifts the state of emergency. We’ve provided a summary of the emergency rules, below. You can review the text of the rules in the attachment, or by following this link: Emergency Rules CAL Judicial Council. The pertinent rule is Emergency Rule 1.

Emergency Rule 1. Unlawful Detainers

  • Applies to all unlawful detainer (eviction) actions.
  • Only eviction cases involving public health and safety will be allowed to proceed in court. All other eviction cases cannot proceed at this time.
  • No default judgements will be allowed unless public health and safety is involved and the defendant has failed to appear within time provided by law or any applicable executive orders.
  • Eviction trials can be set within 60 days after the request for trial is made.
  • All current eviction trials MUST be continued for at least 60 days (rescheduled to 60 days after the currently scheduled date.)

This rule remains in effect for 90 days AFTER the date the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until repealed by the Judicial Council.