California Residential and Commercial Evictions and Judicial Foreclosures Prevented by Emergency Amendments to California Rules of Court

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On April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court regarding evictions under commercial and residential leases and judicial foreclosures.

In brief, the amendments prohibit (a) issuance of a summons on a complaint for eviction of a tenant unless necessary to protect public health and safety, (b) entry of a default against a defendant for failure to appear unless (i) it is necessary to protect public health and safety and (ii) the defendant has not timely appeared, and (c) if the defendant has timely appeared, setting a trial date earlier than 60 days after a request for trial or the initial trial date unless necessary to protect public health and safety. This applies to evictions under commercial and residential leases alike.

In addition, the amendments also stay any actions for judicial foreclosure or a deficiency judgment unless necessary to protect public health and safety and extend the period for exercising rights of the statutory right of redemption following a judicial foreclosure. This amendment does not affect non-judicial foreclosures, which are by far the most common form of real property foreclosure in California. However, this will preclude a lender’s “double tracking” a judicial and non-judicial foreclosure, which is a common practice in which the lender files a judicial foreclosure action to facilitate obtaining appointment of receiver.

These amendments remain in effect until 90 days after the governor declares the state of emergency related to the COVID-19 pandemic lifted or until these amendments are further amended or repealed by the Judicial Council.