Jun. 4, 2020

covid-19 information

evictions Updated 5/01/2020

Unlawful Detainers

In accordance with state-wide emergency orders, the Court will not be issuing summonses, entering defaults or setting trials less than 60 days out in unlawful detainer matters unless a party shows through the ex parte process that it is necessary to do so to protect public health and safety.  This rule will remain in effect until 90 days after the Governor lifts the state or emergency or further order of the Court.

All unlawful detainer trials scheduled as of April 6, 2020 will be continued at least 60 days from the initial date of the trial. Notice of the new trial date will be provided by mail. Parties are strongly encouraged to meet and confer to arrive at agreements that render trial unnecessary, particularly considering recent statewide guidelines regarding evictions during the COVID-19 pandemic.

Judicial Foreclosures

In accordance with state-wide emergency orders, all actions for foreclosure on a mortgage or deed of trust, including actions for a deficiency judgment, are stayed.  The Court will take no action and issue no judgment unless required for public health and safety.  Statutes of limitations for filing such actions are tolled.  This rule will remain in effect until 90 days after the Governor lifts the state or emergency or further order of the Court.

During the state of emergency related to the COVID-19 pandemic, documents filed in connection with ex parte applications may be signed electronically by a party or a party’s attorney.

Ex Parte Applications Seeking Urgent Orders

The Court is now processing ex parte applications seeking urgent orders in all areas of law.  For applications unrelated to child custody and/or prevention of violence or harassment, the applicants must explain why they believe the matters require urgent setting during the COVID-19 state of emergency.  Any insufficiently urgent matters will be set at a later time, at the court’s discretion.  Pursuant to State rules, the Court will process ex parte applications in unlawful detainer matters and judicial foreclosure actions ONLY when the action is deemed necessary to protect public health and safety.

Ex parte applications may be filed through the Court’s E-Filing system or left in the Court’s drop box located in the lobby of the Criminal Court Building (1111 Third Street), which is accessible during court business hours. Ex parte applications must be received by 10:00 am to be processed the same day. By 3:00 p.m. each court day, an Ex Parte Status Information page will be posted on the court’s website at http://www.napa.courts.ca.gov indicating as to each matter filed by 10:00 a.m. that day, whether a decision has been made on the papers, or whether the matter will be placed on calendar for clarifying questions at 1:15 the following court day, or later at the court’s discretion.

Please note that the duration of temporary orders and setting of urgent hearings will be impacted by COVID-19 mitigation measures in accordance with State-issued emergency rules.

© 2020 Napa County Superior Court