File #: 23-146    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/26/2023 In control: Judicial Council
On agenda: 9/19/2023 Final action: 9/19/2023
Title: Rules and Forms | Opportunities for Settlement Before Trial in Unlawful Detainer Cases (Action Required)
Attachments: 1. 20230919-23-146

Title

Title

Rules and Forms | Opportunities for Settlement Before Trial in Unlawful Detainer Cases (Action Required)

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Summary

Summary

The Civil and Small Claims Advisory Committee recommends a new rule of court and a new form for optional use in unlawful detainer cases to promote settlement opportunities using alternative dispute resolution processes. The new rule states a policy favoring at least one opportunity for participation in some form of pretrial dispute resolution and would allow a court to shorten the existing deadline for submitting a mandatory settlement conference statement. The new form allows parties to submit to the court a settlement agreement and ask for either an order without judgment or a stipulated judgment. The new rule and optional form are intended to increase settlement opportunities in eviction cases and to promote consistency throughout the state.

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Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2024:

1.                     Adopt California Rules of Court, rule 3.2005, to promote opportunities for settlement before trial in unlawful detainer cases; and

2.                     Approve Eviction Case (Unlawful Detainer) Stipulation (form UD-155) to identify elements common to settlement agreements in eviction cases, and to provide a road map to help the parties, neutrals, and courts memorialize terms and conditions of performance of an agreement to resolve a case before trial.

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