Fresno — Unlawful Detainer Memo

Source: http://www.fresno.courts.ca.gov/civil/documents/Final_Website_%20Memo_%20Unlawful%20Detainers.pdf

Superior Court of California County of Fresno Michael L. Elliott Executive Officer / Clerk / Jury Commissioner Dawn Annino Interim Assistant Executive Officer

MEMO UPDATED: October 7, 2020

SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CIVIL DIVISION

Emergency Rule 1, adopted by the Judicial Counsel and effective April 6, 2020, prohibited the court from issuing summons or processing defaults in unlawful detainer cases, with certain limited exceptions. Emergency Rule 1 expired on September 1, 2020.

On August 31, 2020, the California Legislature adopted Assembly Bill 3088, which includes the COVID-19 Tenant Relief Act of 2020, 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, the Tenant Relief Act restricts processing of residential unlawful detainers based upon a failure to pay rent or other charges due to COVID-19 financial distress, and establishes mandatory new procedures.

On September 4, 2020, the Centers for Disease Control and Prevention published an order creating a moratorium on certain residential evictions through December 31, 2020. You can view the order here: https://www.federalregister.gov/documents/2020/09/04/2020- 19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19.

In order to comply with the new laws, the court will require plaintiffs in currently filed or new unlawful detainer actions in which a summons is requested, or any currently filed case in which a default is requested, to file an Unlawful Detainer Supplemental Cover sheet, (See Code Civ. Proc., § 1179.01.5(c); Superior Court of Fresno County, Emergency Local Rule 2.9.11.) Effective October 5, 2020, the Judicial Council of California adopted form UD-101, Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations. This form can be viewed here: https://www.courts.ca.gov/documents/ud101.pdf.

The court encourages 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. Litigants who filed an unlawful detainer case and paid filing fees prior to the new law are reminded of the ability to file an amended pleading for unlawful detainer if appropriate. In regards to previously submitted default requests, you are encouraged to review the new law to determine how to proceed.

The court will continue to update its website as additional information is provided. Thank you in advance for your patience and consideration during this challenging time.