California’s ban on foreclosures and evictions

Back in April of this year the judicial Council of California, (actually I never heard of them until that time) this is the governing body for all the courts in California. They came out with some onerous rules affecting Gov. Newsom’sÂ ban on evictions and foreclosures due to the pandemic.

Keep in mind the California Judicial Council is a group of unelected California government employees. Without getting into too much detail here, they said that they would not have any courts in California enforce evictions and foreclosures until at least 90 days after Gov. Newsom lifting his emergency virus declarations.

California’s ban on foreclosures and evictions

Within a matter of weeks from the Judicial Council coming out with this policy change, a number of lawsuits were filed against the Council by apartment owners in California. Also, I believe the California Apartment Association filed a lawsuit. It was asserted in a number of these lawsuits, that the Judicial Council policy, of barring any landlord in California from filing the necessary eviction and foreclosure paperwork with a California court was totally unconstitutional.

Well, I’m not sure what the outcome of these lawsuits was or even if they had a court hearing. But, just a few weeks ago the Judicial Council of California voted to end two temporary emergency rules governing evictions and judicial foreclosures.

This proposal was approved 19-1, with council members submitting their votes by circulating order.

â€œThe judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic,â€ Chief Justice Cantil-Sakauye said in a statement.

â€œThe duty of the judicial branch is to resolve disputes under the law and not to legislate. I urge our sister branches to act expeditiously to resolve this looming crisis.â€

I really have a feeling that the Judicial Council of California was forced to see the light of the inequity of their unconstitutional policy. I really don’t think they wanted these lawsuits to ever get to court for surely, their policies would have been overruled, so, perhaps to avoid the public embarrassment of losing these lawsuits, they were forced to think logically for a change.

So whether you are a California rental owner or just a conservative clear thinker, this has to be considered a small victory over the tyranny of California’s one party rule!

In our next blog post we will talk about Gov. Newsom’s new, just pasted, law extending and modifying the eviction and foreclosure ban.

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