Jul 29, 2020

Was the California Judicial Council notice regarding temporary emergency rules 1 and 2 influenced by a lawsuit filed by The Pacific Legal Foundation?




I reported on July 24 that the California Judicial Council will soon consider rescinding temporary emergency rules 1 and 2, which could take effect as early as August 14. Those rules suspended court actions on evictions and judicial foreclosures during the COVID-19 pandemic.

In a press release, it was stated, "The Chief Justice’s notice is meant to give the Governor and the Legislature time to consider policy proposals to protect litigants involved in those types of proceedings: 'I urge our sister branches to turn their attention to this critical work to protect people from devastating effects of this pandemic and its recent resurgence'."

On the same day, I posted a letter from local attorney Dustin Owens supporting the termination of emergency rules 1 and 2.

Was the California Judicial Council notice regarding temporary emergency rules 1 and 2 influenced by a lawsuit filed by The Pacific Legal Foundation?

"In adopting Emergency Rule 1, the Judicial Council made a classic policy decision that is properly the Legislature’s domain, not the Judicial Council’s. Specifically, in explaining its reasons for adopting the rule, the Council improperly weighed social interests and struck a balance amongst them. "

The California legislsture is attempting to work on measures for both tenants and landlords. Governor Gavin Newsom is the one who should be taking concrete action because his decisions have directly impacted the ability of people to work and earn income. Unless you are a government employee. Newsom passes meaningless actions like a task force to work on a UI EDD system which isn't working.

Suspending AB5, having EDD open up offices or staffing phone lines 7 days a week and protecting many good tenants, who are not like the ones landlords are using as examples in their lawsuit, would be real leadership, Gavin.

Related posts:
https://johnchiv.blogspot.com/2020/07/ca-judicial-council-will-soon-consider.html?m=1

https://johnchiv.blogspot.com/2020/07/local-attorney-sends-ca-chief-justice.html?m=1

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