The Judicial Council voted today to end on September 1 emergency rules — adopted in April — that had halted most evictions and foreclosures in California. Democratic legislators had recently requested that the rules stay in effect a little longer.
Without the Council’s action, the moratorium rules would have by their terms lasted much longer, “until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted.”
Two days ago, Chief Justice — and Council chair — Tani Cantil-Sakauye reiterated what she had said two months ago, that it’s now up to the Legislature and Governor to act. Urging “our sister branches to act expeditiously to resolve this looming crisis,” i.e., “the possibility of pandemic-related evictions, foreclosures, and homelessness,” the Chief Justice stated, “The judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic. The duty of the judicial branch is to resolve disputes under the law and not to legislate.”