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California Judicial Council Adopts Emergency Rules Affecting Unlawful Detainer Actions and More

The Judicial Council of California adopted 11 temporary emergency rules in response to the COVID-19 pandemic affecting eviction proceedings, judicial foreclosures, and statutes of limitations for civil causes of actions, among other things. The 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.

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Marissa M. Dennis Real Estate & Litigation Attorney Allen Matkins Law Firm
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Pragmatic and business-minded, Marissa Dennis is an effective advocate for her clients, excelling at both written and oral advocacy in contentious commercial matters. She is highly valued for her ability to put a strategy in play that considers all options for a successful outcome, including pre-dispute resolution, negotiated settlement, arbitration, or taking a case all the way through and winning at trial.

In addition to serving as Operating Partner for the Los Angeles office, Marissa prides herself on balancing her legal practice with a...

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Charles D. Jarrell Litigation Attorney Allen Matkins Law Firm
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Charles (Chuck) Jarrell’s reputation as a formidable litigator—earned over more than two decades fighting for his owner, operator, investor, and developer clients—often encourages negotiation with adverse parties and, ultimately, the efficient resolution of contentious matters, saving clients’ resources and reducing the stress that comes with uncertainties.

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In building case strategy, Chuck starts with the end in focus—the client’s desired destination—and what they want to achieve. His commercial savvy and insight help him devise the most certain path for resolution, with a view toward broader goals, rather than heighten contentiousness.

But when litigation looms in real estate-related matters; partnership, corporate, or LLC disputes; or commercial fraud cases with a real estate aspect, he helps his clients by setting realistic expectations and budgets, making sure to staff a matter with the right team to get the right result at the right price.

Based on his deep experience, Chuck knows how to estimate costs, timelines, and outcomes based upon the anticipated work required to win the matter or handle it successfully—to solve the client’s problem. He is an honest, trusted advisor who does not shy away from telling a client when a particular position they want to take in litigation will not be vindicated.

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