Description: The Civil and Small Claims Advisory Committee proposes the adoption, approval, and revision of 13 forms to implement statutory changes in Senate Bill 91 (Stats. 2021, ch. 2), enacted January 29, 2021, and Assembly Bill 832 (Stats. 2021, ch. 27), enacted June 28, 2021. Assembly Bill 832 establishes new procedures for bringing unlawful detainer actions based on nonpayment of rent, and for judgments in such cases, effective October 1, 2021. Provisions in SB 91, as amended by AB 832, allow parties, effective November 1, 2021, to litigate claims for nonpayment of COVID-19 rental debt in small claims court regardless of the amount demanded, and mandates new pleading requirements for such actions whether filed in small claims court or in general civil court. In addition, AB 832 requires the council to develop forms for parties to use in actions to recover COVID-19 rental debt. The proposed forms address these statutory changes. The council must consider these forms at its October 1, 2021, meeting in order for them to be in effect by October 1, and November 1, 2021, the respective effective dates of the new procedures. To ensure that stakeholders, courts, and the public generally have an opportunity to comment on the forms, they are being posted for public comment even though the normal comment period cannot be provided.. Additional revisions to the JBCM are proposed below in tracked changes format, and staff invites public comment regarding the proposed revisions. Review and submit comments by 5:00 p.m., Friday, August 20, 2021 (Pacific)

Category: Civil and Small Claims

Item Number: SP21-05

Deadline: August 20, 2021

File: sp21-05.pdf