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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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