Tuolumne — AB 3088 - Memo - Unlawful Detainer Cases Implementation

Source: https://www.tuolumne.courts.ca.gov/system/files/memo-ud-cases-_implement_ab_3088_hxg_edits_9_29_20__pdf.pdf

Superior Court of California County of Tuolumne

Civil/Family/Probate/Small Claims/UD Division 41 West Yaney Avenue Sonora, CA 95370 (209) 533-5555 FAX (209) 533-6616

Re: Unlawful Detainer Cases Filed in which Processing of Summons or Default is Pending

Dear Plaintiff or Counsel,

As you know, in response to the COVID-19 pandemic, the processing of Unlawful Detainer cases was impacted. Between April 21, and May 19, 2020, defaults were delayed in processing as a result of the reduction in court services due to the COVID-19 pandemic. Effective April 6, 2020, the Judicial Council adopted Emergency Rule 1, which prohibited the court from issuing summons or processing defaults in unlawful detainer cases with limited exceptions.

Emergency Rule 1 expired on September 1, 2020. On August 31, 2020, the California Legislature adopted Assembly Bill 3088, the COVID-19 Tenant Relief Act of 2020, which was adopted as urgency legislation with an effective date of September 2, 2020. You can review Assembly Bill 3088 at: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB3088. With certain exceptions, AB 3088 restricts processing of residential unlawful detainers based upon a failure to pay rent due to COVID-19 financial distress and establishes new procedures that must be followed.

On September 1, 2020, the Center for Disease Control issued a federal agency order creating a moratorium on certain residential evictions through December 31, 2020 (see Federalregister.gov.d.2020- 19654 to be published in Federal Register on September 4, 2020).

Because of these changes in law, in order to process a summons or default in an unlawful detainer action, the court must have case information that will allow the court to screen and process cases. For any currently filed or new case in which a summons is requested, or any currently filed case in which a default is requested, the court will require the filing of an Unlawful Detainer Supplemental Cover Sheet. (Code of Civil Procedure, § 1179.01.5(c).) While AB3088 allows you to create your own form, the court has adopted Local Form TUO-CV-375 to assist you and the court in processing your case. A copy is attached.

We encourage you to review your case to determine whether it is still appropriate for you to proceed in light of the new changes to the law. With respect to changes created by the new laws, litigants who have previously filed an unlawful detainer case and paid filing fees prior to the changes in law are reminded of the ability to file an amended pleading for unlawful detainer in the same file, if appropriate.

Please be sure to check the court’s Web site for additional information.

Thank you in advance for your patience and consideration during this challenging time.