Cal. Code Civ. Proc. § 1179.01.5

Current through the 2023 Legislative Session.
Section 1179.01.5 - [Effective until 10/1/2025] Legislative intent; prohibited acts by court; unlawful detainer cover sheet
(a) It is the intent of the Legislature that the Judicial Council and the courts have adequate time to prepare to implement the new procedures resulting from this chapter, including educating and training judicial officers and staff.
(b) Notwithstanding any other law, before October 5, 2020, a court shall not do any of the following:
(1) Issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges.
(2) Enter a default or a default judgment for restitution in an unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges.
(c)
(1) A plaintiff in an unlawful detainer action shall file a cover sheet in the form specified in paragraph (2) that indicates both of the following:
(A) Whether the action seeks possession of residential real property.
(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.
(2) The cover sheet specified in paragraph (1) shall be in the following form:

"UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET

1. This action seeks possession of real property that is:
a. [] Residential
b. [] Commercial
2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.
a. [] Yes
b. [] No

Date:__________________

_____________________________ _______________________________

Type Or Print Name Signature Of Party Or Attorney For Party"

(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.
(4) The Judicial Council may develop a form for mandatory use that includes the information in paragraph (2).
(d) This section does not prevent a court from issuing a summons or entering default in an unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.

Ca. Civ. Proc. Code § 1179.01.5

Added by Stats 2020 ch 37 (AB 3088),s 20, eff. 8/31/2020.