California Judicial Council Votes to End Prohibition on Evictions

On August 13, 2020, the California Judicial Council voted 19-1 to end its prohibition on evictions. This blog serves as an update to the June 17th blog I penned: Updated Emergency Order.

Beginning September 2, 2020, formal evictions can proceed through the judicial process. It’s important to keep in mind county and local eviction moratoriums remain. Before proceeding with any eviction, please check if there are any federal, state, county, or city moratoriums still in place. 

A Major Shift

This is definitely major news, and the ramifications of the vote will be felt in a few weeks when formal evictions will again be allowed. Chief Justice Tani G. Cantil-Sakauye spoke on the announcement, “The Judicial Council has received thousands of comments from those affected — from tenants who fear homelessness to small landlords who face losing their livelihoods or fear bankruptcy. In our ongoing conversations with Governor Newsom and the Legislature, we have been responsive to their requests for additional time to develop and enact policy and legislative proposals.”

An Uncertain Future

It is currently unclear what will happen regarding county and city moratoriums across the Golden State, but this decision marks a change towards an uncertain future for those California residents facing possible eviction. Chief Justice Cantil-Sakauye did not mince words, “California is still under a State of Emergency proclaimed by Governor Newsom on March 4, and there are numerous executive orders still in force. However, I submit that our sister branches of government must address the possibility of pandemic-related evictions, foreclosures, and homelessness as a priority.”

It is worth noting that there are currently two eviction moratorium bills working their way through the state legislature, but whether or not anything will be passed is yet unknown. While we have some clarity regarding evictions with the end to the Judicial Council Order, the rules regarding evictions continue to be in flux.

About Tim Burke

Tim is a licensed attorney in California and Nevada. He brings over 19 years of transactional and litigation experience to JohnHart. Prior to joining JohnHart, Tim was in private practice providing legal guidance to clients on Real Estate, financial, corporate, estate planning, and employment matters.

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