Expect Slow Start and Continued Confusion for New Eviction Cases

The Courts begin accepting new eviction cases on June 22, but don’t expect to cross the finish line any time soon.

While attorneys will be able to file cases for the first time since March, they are limited to in-person filings with only five people at the clerks’ counter at a time.

Judge Schneider told Law360 that no one should “even think about defaults for now… we are aware that people have been tremendously ill and may still be hospitalized.”

KMWB’s Nativ Winiarsky is concerned that “individuals and practitioners are going to take advantage of this rule knowing that no penalty will ensue.”

The new order dated through August 20 is also continuing to be a source of confusion, with Nativ telling Law360, “There is absolutely no guidance on this important issue,” referring to the prohibition of new cases against tenants who receive government assistance or are “otherwise facing financial hardship” because of COVID-19.

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