File #: 23-152    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/28/2023 In control: Judicial Council
On agenda: 9/19/2023 Final action: 9/19/2023
Title: Rules and Forms | Unlawful Detainer: Forms to Reflect Existing Law and Implement Senate Bill 1017 and Assembly Bill 1726 (Action Required)
Attachments: 1. 20230919-23-152

Title

Title

Rules and Forms | Unlawful Detainer: Forms to Reflect Existing Law and Implement Senate Bill 1017 and Assembly Bill 1726 (Action Required)

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Summary

Summary

The Civil and Small Claims Advisory Committee recommends the approval of one and revision of five unlawful detainer forms. These new and revised forms (1) implement a new law creating a new procedure for partial evictions, (2) implement a new law providing additional time for certain defendants to respond to a summons for unlawful detainer, and (3) update the forms to reflect current law regarding COVID-19 rental protections.

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Recommendation

Recommendation

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

1.                     Approve Judgment--Unlawful Detainer Partial Eviction Attachment (form UD-110P) for use when a partial eviction is ordered under new Code of Civil Procedure section 1174.27;

2.                     Revise Summons--Eviction (form SUM-130) to reference the additional time that somebody served through the Secretary of State’s address confidentiality program has to respond to a summons;

3.                     Revise Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations--Unlawful Detainer (form UD-101) and Answer--Unlawful Detainer (form UD-105) to remove COVID-19 tenant protections that no longer apply, update other defenses, and make non-substantive formatting changes; and

4.                     Revise Judgment--Unlawful Detainer (form UD-110) and revise, retitle, and renumber Judgment--Unlawful Detainer Attachment (form UD-110S) to Judgment--Unlawful Detainer Habitable Premises Attachment (form UD-110H) to reflect the new partial eviction procedure and new form UD-110P and to make non-substantive formatting changes.

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