notice of change of firm address

Cal. Super. - 1st Dist.November 5, 2020

-1- NOTICE OF CHANGE OF HANDLING ATTORNEYS WITHIN FIRM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Eric L. Toscano, Esq. (SBN 268235) eric@tenantlawgroupsf.com Kristen E. Drake, Esq. (SBN 202827) kristen@tenantlawgroupsf.com Ryan M. Herrera, Esq. (SBN 320865) kristen@tenantlawgroupsf.com TENANT LAW GROUP, PC 101 Pine Street, Suite 1250 San Francisco, CA 94111-5235 Tel: (888) 510-7511 Fax: (888) 376-1662 Attorneys for Plaintiff CAITLIN FERSON SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION TO THE CLERK OF COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: PLEASE BE ADVISED that effective July 1, 2020, the address for the law firm representing Plaintiff CAITLIN FERSON (“Plaintiff”) in the above-captioned action shall be as follows: Tenant Law Group, PC 100 Pine Street, Suite 1250 San Francisco, CA 94111-5235 CAITLIN FERSON, an Individual; Plaintiff, v. MONICA L. HEATH, an Individual; KAREN LAPOINT, an Individual; and DOES 1 through 25, inclusive; Defendants. Case No. CGC-18-568766 NOTICE OF CHANGE OF FIRM ADDRESS ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 08/13/2020 Clerk of the Court BY: MADONNA CARANTO Deputy Clerk -2- NOTICE OF CHANGE OF HANDLING ATTORNEYS WITHIN FIRM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Judicial Council Emergency Rule 12(b)(2), which was adopted effective April 17, 2020 in response to the COVID-19 pandemic and remains in effect, counsel requests that all documents that may be served by mail, express mail, overnight delivery, or facsimile transmission be served electronically at the following email address: eric@tenantlawgroupsf.com. A copy of the Judicial Council Emergency Rules related to COVID-19 are attached hereto as Exhibit A. It is unnecessary to mail duplicate hard copies of documents served electronically. In other words, a single electronic copy is sufficient. Pursuant to Emergency Rule 12(b)(f), Emergency Rule 12 shall remain in effect until ninety days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council. However, even after the sunset of Emergency Rule 12, counsel prefers that documents continue to be served electronically at the above-referenced email addresses. DATED: August 13, 2020 TENANT LAW GROUP, PC By Eric L. Toscano, Esq. (SBN 268235) Attorney for Plaintiff CAITLIN FERSON -3- NOTICE OF CHANGE OF HANDLING ATTORNEYS WITHIN FIRM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A 1 Appendix I 1 Emergency Rules Related to COVID-19 2 3 4 Emergency rule 1. Unlawful detainers 5 6 (a) Application 7 8 Notwithstanding any other law, including Code of Civil Procedure sections 1166, 9 1167, 1169, and 1170.5, this rule applies to all actions for unlawful detainer. 10 11 (b) Issuance of summons 12 13 A court may not issue a summons on a complaint for unlawful detainer unless the 14 court finds, in its discretion and on the record, that the action is necessary to protect 15 public health and safety. 16 17 (c) Entry of default 18 19 A court may not enter a default or a default judgment for restitution in an unlawful 20 detainer action for failure of defendant to appear unless the court finds both of the 21 following: 22 23 (1) The action is necessary to protect public health and safety; and 24 25 (2) The defendant has not appeared in the action within the time provided by 26 law, including by any applicable executive order. 27 28 (d) Time for trial 29 30 If a defendant has appeared in the action, the court may not set a trial date earlier 31 than 60 days after a request for trial is made unless the court finds that an earlier 32 trial date is necessary to protect public health and safety. Any trial set in an 33 unlawful detainer proceeding as of April 6, 2020 must be continued at least 60 days 34 from the initial date of trial. 35 36 (e) Sunset of rule 37 38 This rule will remain in effect until 90 days after the Governor declares that the 39 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 40 repealed by the Judicial Council. 41 42 43 2 Emergency rule 2. Judicial foreclosures-suspension of actions 1 2 Notwithstanding any other law, this rule applies to any action for foreclosure on a 3 mortgage or deed of trust brought under chapter 1, title 10, of part 2 of the Code of Civil 4 Procedure, beginning at section 725a, including any action for a deficiency judgment, and 5 provides that, until 90 days after the Governor declares that the state of emergency 6 related to the COVID-19 pandemic is lifted, or until this rule is amended or repealed by 7 the Judicial Council: 8 9 (1) All such actions are stayed, and the court may take no action and issue no 10 decisions or judgments unless the court finds that action is required to further the 11 public health and safety. 12 13 (2) Any statute of limitations for filing such an action is tolled. 14 15 (3) The period for electing or exercising any rights under that chapter, including 16 exercising any right of redemption from a foreclosure sale or petitioning the court 17 in relation to such a right, is extended. 18 19 20 Emergency rule 3. Use of technology for remote appearances 21 22 (a) Remote appearances 23 24 Notwithstanding any other law, in order to protect the health and safety of the public, 25 including court users, both in custody and out of custody defendants, witnesses, court 26 personnel, judicial officers, and others, courts must conduct judicial proceedings and 27 court operations as follows: 28 29 (1) Courts may require that judicial proceedings and court operations be 30 conducted remotely. 31 32 (2) In criminal proceedings, courts must receive the consent of the defendant to 33 conduct the proceeding remotely and otherwise comply with emergency rule 34 5. Notwithstanding Penal Code sections 865 and 977 or any other law, the 35 court may conduct any criminal proceeding remotely. As used in this rule, 36 “consent of the defendant” means that the consent of the defendant is 37 required only for the waiver of the defendant’s appearance as provided in 38 emergency rule 5. For good cause shown, the court may require any witness 39 to personally appear in a particular proceeding. 40 41 (3) Conducting proceedings remotely includes, but is not limited to, the use of 42 video, audio, and telephonic means for remote appearances; the electronic 43 3 exchange and authentication of documentary evidence; e-filing and e-service; 1 the use of remote interpreting; and the use of remote reporting and electronic 2 recording to make the official record of an action or proceeding. 3 4 (b) Sunset of rule 5 6 This rule will remain in effect until 90 days after the Governor declares that the 7 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 8 repealed by the Judicial Council. 9 10 11 Emergency rule 4. Emergency Bail Schedule 12 13 (a) Purpose 14 15 Notwithstanding any other law, this rule establishes a statewide Emergency Bail 16 Schedule, which is intended to promulgate uniformity in the handling of certain 17 offenses during the state of emergency related to the COVID-19 pandemic. 18 19 (b) Mandatory application 20 21 No later than 5 p.m. on April 13, 2020, each superior court must apply the 22 statewide Emergency Bail Schedule: 23 24 (1) To every accused person arrested and in pretrial custody. 25 26 (2) To every accused person held in pretrial custody. 27 28 (c) Setting of bail and exceptions 29 30 Under the statewide Emergency Bail Schedule, bail for all misdemeanor and felony 31 offenses must be set at $0, with the exception of only the offenses listed below: 32 33 (1) A serious felony, as defined in Penal Code section 1192.7(c), or a violent 34 felony, as defined in Penal Code section 667.5(c); 35 36 (2) A felony violation of Penal Code section 69; 37 38 (3) A violation of Penal Code section 166(c)(1); 39 40 (4) A violation of Penal Code section 136.1 when punishment is imposed under 41 section 136.1(c); 42 43 4 (5) A violation of Penal Code section 262; 1 2 (6) A violation of Penal Code sections 243(e)(1) or 273.5; 3 4 (7) A violation of Penal Code section 273.6 if the detained person made threats 5 to kill or harm, has engaged in violence against, or has gone to the residence 6 or workplace of, the protected party; 7 8 (8) A violation of Penal Code section 422 where the offense is punished as a 9 felony; 10 11 (9) A violation of Penal Code section 646.9; 12 13 (10) A violation of an offense listed in Penal Code section 290(c); 14 15 (11) A violation of Vehicle Code sections 23152 or 23153; 16 17 (12) A felony violation of Penal Code section 463; and 18 19 (13) A violation of Penal Code section 29800. 20 21 (d) Ability to deny bail 22 23 Nothing in the Emergency Bail Schedule restricts the ability of the court to deny 24 bail as authorized by article I, section 12, or 28(f)(3) of the California Constitution. 25 26 (e) Application of countywide bail schedule 27 28 (1) The current countywide bail schedule of each superior court must remain in 29 effect for all offenses listed in exceptions (1) through (13) of the Emergency 30 Bail Schedule, including any count-specific conduct enhancements and any 31 status enhancements. 32 33 (2) Each superior court retains the authority to reduce the amount of bail listed in 34 the court’s current countywide bail schedule for offenses in exceptions (1) 35 through (13), or for any offenses not in conflict with the Emergency Bail 36 Schedule. 37 38 (f) Bail for violations of post-conviction supervision 39 40 (1) Under the statewide Emergency Bail Schedule, bail for all violations of 41 misdemeanor probation, whether the arrest is with or without a bench 42 warrant, must be set at $0. 43 5 1 (2) Bail for all violations of felony probation, parole, post-release community 2 supervision, or mandatory supervision, must be set in accord with the 3 statewide Emergency Bail Schedule, or for the bail amount in the court’s 4 countywide schedule of bail for charges of conviction listed in exceptions (1) 5 through (13), including any enhancements. 6 7 (g) Sunset of rule 8 9 This rule will remain in effect until 90 days after the Governor declares that the 10 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 11 repealed by the Judicial Council. 12 13 14 Emergency rule 5. Personal appearance waivers of defendants during health 15 emergency 16 17 (a) Application 18 19 Notwithstanding any other law, including Penal Code sections 865 and 977, this 20 rule applies to all criminal proceedings except cases alleging murder with special 21 circumstances and cases in which the defendant is currently incarcerated in state 22 prison, as governed by Penal Code section 977.2. 23 24 (b) Types of personal appearance waivers 25 26 (1) With the consent of the defendant, the court must allow a defendant to waive 27 his or her personal appearance and to appear remotely, either through video 28 or telephonic appearance, when the technology is available. 29 30 (2) With the consent of the defendant, the court must allow a defendant to waive 31 his or her appearance and permit counsel to appear on his or her behalf. The 32 court must accept a defendant’s waiver of appearance or personal appearance 33 when: 34 35 (A) Counsel for the defendant makes an on the record oral representation 36 that counsel has fully discussed the waiver and its implications with the 37 defendant and the defendant has authorized counsel to proceed as 38 counsel represents to the court; 39 40 (B) Electronic communication from the defendant as confirmed by 41 defendant’s counsel; or 42 43 6 (C) Any other means that ensures the validity of the defendant’s waiver. 1 2 (c) Consent by the defendant 3 4 (1) For purposes of arraignment and entry of a not guilty plea, consent means a 5 knowing, intelligent, and voluntary waiver of the right to appear personally in 6 court. Counsel for the defendant must state on the record at each applicable 7 hearing that counsel is proceeding with the defendant’s consent. 8 9 (2) For purposes of waiving time for a preliminary hearing, consent also means a 10 knowing, intelligent, and voluntary waiver of the right to hold a preliminary 11 hearing within required time limits specified either in Penal Code section 12 859b or under emergency orders issued by the Chief Justice and Chair of the 13 Judicial Council. 14 15 (3) The court must accept defense counsel’s representation that the defendant 16 understands and agrees with waiving any right to appear unless the court has 17 specific concerns in a particular matter about the validity of the waiver. 18 19 (d) Appearance through counsel 20 21 (1) When counsel appears on behalf of a defendant, courts must allow counsel to 22 do any of the following: 23 24 (A) Waive reading and advisement of rights for arraignment. 25 26 (B) Enter a plea of not guilty. 27 28 (C) Waive time for the preliminary hearing. 29 30 (2) For appearances by counsel, including where the defendant is either 31 appearing remotely or has waived his or her appearance and or counsel is 32 appearing by remote access, counsel must confirm to the court at each 33 hearing that the appearance by counsel is made with the consent of the 34 defendant. 35 36 (e) Conduct of remote hearings 37 38 (1) With the defendant’s consent, a defendant may appear remotely for any 39 pretrial criminal proceeding. 40 41 (2) Where a defendant appears remotely, counsel may not be required to be 42 personally present with the defendant for any portion of the criminal 43 7 proceeding provided that the audio and/or video conferencing system or other 1 technology allows for private communication between the defendant and his 2 or her counsel. Any private communication is confidential and privileged 3 under Evidence Code section 952. 4 5 (f) Sunset of rule 6 7 This rule will remain in effect until 90 days after the Governor declares that the 8 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 9 repealed by the Judicial Council. 10 11 12 Emergency rule 6. Emergency orders: juvenile dependency proceedings 13 14 (a) Application 15 16 This rule applies to all juvenile dependency proceedings filed or pending until the 17 state of emergency related to the COVID-19 pandemic is lifted. 18 19 (b) Essential hearings and orders 20 21 The following matters should be prioritized in accordance with existing statutory 22 time requirements. 23 24 (1) Protective custody warrants filed under Welfare and Institutions Code section 25 340. 26 27 (2) Detention hearings under Welfare and Institutions Code section 319. The 28 court is required to determine if it is contrary to the child’s welfare to remain 29 with the parent, whether reasonable efforts were made to prevent removal, 30 and whether to vest the placing agency with temporary placement and care. 31 32 (3) Psychotropic medication applications. 33 34 (4) Emergency medical requests. 35 36 (5) A petition for reentry of a nonminor dependent. 37 38 (6) Welfare and Institutions Code section 388 petitions that require an immediate 39 response based on the health and safety of the child, which should be 40 reviewed for a prima facie showing of change of circumstances sufficient to 41 grant the petition or to set a hearing. The court may extend the final ruling on 42 the petition beyond 30 days. 43 8 (c) Foster care hearings and continuances during the state of emergency 1 2 (1) A court may hold any proceeding under this rule via remote technology 3 consistent with rule 5.531 and emergency rule 3. 4 5 (2) At the beginning of any hearing at which one or more participants appears 6 remotely, the court must admonish all the participants that the proceeding is 7 confidential and of the possible sanctions for violating confidentiality. 8 9 (3) The child welfare agency is responsible for notice of remote hearings unless 10 other arrangements have been made with counsel for parents and children. 11 Notice is required for all parties and may include notice by telephone or other 12 electronic means. The notice must also include instructions on how to 13 participate in the court hearing remotely. 14 15 (4) Court reports 16 17 (A) Attorneys for parents and children must accept service of the court 18 report electronically. 19 20 (B) The child welfare agency must ensure that the parent and the child 21 receive a copy of the court report on time. 22 23 (C) If a parent or child cannot receive the report electronically, the child 24 welfare agency must deliver a hard copy of the report to the parent and 25 the child on time. 26 27 (5) Nothing in this subdivision prohibits the court from making statutorily 28 required findings and orders, by minute order only and without a court 29 reporter, by accepting written stipulations from counsel when appearances 30 are waived if the stipulations are confirmed on the applicable Judicial 31 Council forms or equivalent local court forms. 32 33 (6) If a court hearing cannot occur either in the courthouse or remotely, the 34 hearing may be continued up to 60 days, except as otherwise specified. 35 36 (A) A dispositional hearing under Welfare and Institutions Code section 37 360 should not be continued more than 6 months after the detention 38 hearing without review of the child’s circumstances. In determining 39 exceptional circumstances that justify holding the dispositional hearing 40 more than 6 months after the child was taken into protective custody, 41 the impact of the state of emergency related to the COVID-19 42 pandemic must be considered. 43 9 1 i. If the dispositional hearing is continued more than 6 months after 2 the start date of protective custody, a review of the child must be 3 held at the 6-month date. At the review, the court must determine 4 the continued necessity for and appropriateness of the placement; 5 the extent of compliance with the case plan or available services 6 that have been offered; the extent of progress which has been 7 made toward alleviating or mitigating the causes necessitating 8 placement; and the projected likely date by which the child may 9 return home or placed permanently. 10 11 ii. The court may continue the matter for a full hearing on all 12 dispositional findings and orders. 13 14 (B) A judicial determination of reasonable efforts must be made within 12 15 months of the date a child enters foster care to maintain a child’s 16 federal title IV-E availability. If a permanency hearing is continued 17 beyond the 12-month date, the court must review the case to determine 18 if the agency has made reasonable efforts to return the child home or 19 arrange for the child to be placed permanently. This finding can be 20 made without prejudice and may be reconsidered at a full hearing. 21 22 (7) During the state of emergency related to the COVID-19 pandemic, previously 23 authorized visitation must continue, but the child welfare agency is to 24 determine the manner of visitation to ensure that the needs of the family are 25 met. If the child welfare agency changes the manner of visitation for a child 26 and a parent or legal guardian in reunification, or for the child and a 27 sibling(s), or a hearing is pending under Welfare and Institutions Code 28 section 366.26, the child welfare agency must notify the attorneys for the 29 children and parents within 5 court days of the change. All changes in 30 manner of visitation during this time period must be made on a case by case 31 basis, balance the public health directives and best interest of the child, and 32 take into consideration whether in-person visitation may continue to be held 33 safely. Family time is important for child and parent well-being, as well as 34 for efforts toward reunification. Family time is especially important during 35 times of crisis. Visitation may only be suspended if a detriment finding is 36 made in a particular case based on the facts unique to that case. A detriment 37 finding must not be based solely on the existence of the impact of the state of 38 emergency related to the COVID-19 pandemic or related public health 39 directives. 40 41 (A) The attorney for the child or parent may ask the juvenile court to 42 review the change in manner of visitation. The child or parent has the 43 10 burden of showing that the change is not in the best interest of the child 1 or is not based on current public health directives. 2 3 (B) A request for the court to review the change in visitation during this 4 time period must be made within 14 court days of the change. In 5 reviewing the change in visitation, the court should take into 6 consideration the factors in (c)(7). 7 8 (d) Sunset of rule 9 10 This rule will remain in effect until 90 days after the Governor declares that the 11 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 12 repealed by the Judicial Council. 13 14 Advisory Committee Comment 15 16 When courts are unable to hold regular proceedings because of an emergency that has resulted in 17 an order as authorized under Government Code section 68115, federal timelines do not stop. 18 Circumstances may arise where reunification services to the parent, including visitation, may not 19 occur or be provided. The court must consider the circumstances of the emergency when deciding 20 whether to extend or terminate reunification services and whether services were reasonable given 21 the state of the emergency. (Citations: 42 U.S.C. § 672(a)(1)-(2), (5); 45 CFR § 1355.20; 45 CFR 22 § 1356.21 (b) - (d); 45 C.F.R. § 1356.71(d)(1)(iii); Child Welfare Policy Manual, 8.3A.9 Title 23 IV-E, Foster Care Maintenance Payments Program, Reasonable efforts, Question 2 24 (www.acf.hhs.gov/cwpm/public_html/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citI25 D=92)]); Letter dated March 27, 2020, from Jerry Milner, Associate Commissioner, Children’s 26 Bureau, Administration for Children and Families, U.S. Department of Health and Human 27 Services.) 28 29 30 Emergency rule 7. Emergency orders: juvenile delinquency proceedings 31 32 (a) Application 33 34 This rule applies to all proceedings in which a petition has been filed under Welfare 35 and Institutions Code section 602 in which a hearing would be statutorily required 36 during the state of emergency related to the COVID-19 pandemic. 37 38 (b) Juvenile delinquency hearings and orders during the state of emergency 39 40 (1) A hearing on a petition for a child who is in custody under Welfare and 41 Institutions Code section 632 or 636 must be held within the statutory 42 timeframes as modified by an order of the court authorized by Government 43 11 Code section 68115. The court must determine if it is contrary to the welfare 1 of the child to remain in the home, whether reasonable services to prevent 2 removal occurred, and whether to place temporary placement with the 3 probation agency if the court will be keeping the child detained and out of the 4 home. 5 6 (2) If a child is detained in custody and an in-person appearance is not feasible 7 due to the state of emergency, courts must make reasonable efforts to hold 8 any statutorily required hearing for that case via remote appearance within 9 the required statutory time frame and as modified by an order of the court 10 authorized under Government Code section 68115 for that proceeding. If a 11 remote proceeding is not a feasible option for such a case during the state of 12 emergency, the court may continue the case as provided in (d) for the 13 minimum period of time necessary to hold the proceedings. 14 15 (3) Without regard to the custodial status of the child, the following hearings 16 should be prioritized during the state of emergency related to the COVID-19 17 pandemic: 18 19 (A) Psychotropic medication applications. 20 21 (B) All emergency medical requests. 22 23 (C) A petition for reentry of a nonminor dependent. 24 25 (D) A hearing on any request for a warrant for a child. 26 27 (E) A probable cause determination for a child who has been detained but 28 has not had a detention hearing within the statutory time limits. 29 30 (4) Notwithstanding any other law, and except as described in (5), during the 31 state of emergency related to the COVID-19 pandemic, the court may 32 continue for good cause any hearing for a child not detained in custody who 33 is subject to its juvenile delinquency jurisdiction until a date after the state of 34 emergency has been lifted considering the priority for continued hearings in 35 (d). 36 37 (5) For children placed in foster care under probation supervision, a judicial 38 determination of reasonable efforts must be made within 12 months of the 39 date the child enters foster care to maintain a child’s federal title IV-E 40 availability. If a permanency hearing is continued beyond the 12-month date, 41 the court must nevertheless hold a review to determine if the agency has 42 made reasonable efforts to return the child home or place the child 43 12 permanently. This finding can be made without prejudice and may be 1 reconsidered at a full hearing. 2 3 (c) Proceedings with remote appearances during the state of emergency. 4 5 (1) A court may hold any proceeding under this rule via remote technology 6 consistent with rule 5.531 and emergency rule 3. 7 8 (2) At the beginning of any hearing conducted with one or more participants 9 appearing remotely, the court must admonish all the participants that the 10 proceeding is confidential and of the possible sanctions for violating 11 confidentiality. 12 13 (3) The court is responsible for giving notice of remote hearings, except for 14 notice to a victim, which is the responsibility of the prosecuting attorney or 15 the probation department. Notice is required for all parties and may include 16 notice by telephone or other electronic means. The notice must also include 17 instructions on how to participate in the hearing remotely. 18 19 (4) During the state of emergency, the court has broad discretion to take evidence 20 in the manner most compatible with the remote hearing process, including 21 but not limited to taking testimony by written declaration. If counsel for a 22 child or the prosecuting attorney objects to the court’s evidentiary 23 procedures, that is a basis for issuing a continuance under (d). 24 25 (d) Continuances of hearings during the state of emergency. 26 27 Notwithstanding any other law, the court may for good cause continue any hearing 28 other than a detention hearing for a child who is detained in custody. In making this 29 determination, the court must consider the custody status of the child, whether there 30 are evidentiary issues that are contested, and, if so, the ability for those issues to be 31 fairly contested via a remote proceeding. 32 33 (e) Extension of time limits under Welfare and Institutions Code section 709 34 35 In any case in which a child has been found incompetent under Welfare and 36 Institutions Code section 709 and that child is eligible for remediation services or 37 has been found to require secure detention, any time limits imposed by section 709 38 for provision of services or for secure detention are tolled for the period of the state 39 of emergency if the court finds that remediation services could not be provided 40 because of the state of emergency. 41 42 13 (f) Sunset of rule 1 2 This rule will remain in effect until 90 days after the Governor declares that the 3 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 4 repealed by the Judicial Council. 5 6 Advisory Committee Comment 7 8 This emergency rule is being adopted in part to ensure that detention hearings for 9 juveniles in delinquency court must be held in a timely manner to ensure that no child is 10 detained who does not need to be detained to protect the child or the community. The 11 statutory scheme for juveniles who come under the jurisdiction of the delinquency court 12 is focused on the rehabilitation of the child and thus makes detention of a child the 13 exceptional practice, rather than the rule. Juvenile courts are able to use their broad 14 discretion under current law to release detained juveniles to protect the health of those 15 juveniles and the health and safety of the others in detention during the current state of 16 emergency related to the COVID-19 pandemic. 17 18 19 Emergency rule 8. Emergency orders: temporary restraining or protective orders 20 21 (a) Application 22 23 Notwithstanding any other law, this rule applies to any emergency protective order, 24 temporary restraining order, or criminal protective order that was requested, issued, 25 or set to expire during the state of emergency related to the COVID-19 pandemic. 26 This includes requests and orders issued under Family Code sections 6250 or 6300, 27 Code of Civil Procedure sections 527.6 , 527.8, or 527.85, Penal Code sections 28 136.2, 18125 or 18150, or Welfare and Institutions Code sections 213.5, 304, 29 362.4, or 15657.03, and including any of the foregoing orders issued in connection 30 with an order for modification of a custody or visitation order issued pursuant to a 31 dissolution, legal separation, nullity, or parentage proceeding under Family Code 32 section 6221. 33 34 (b) Duration of orders 35 36 (1) Any emergency protective order made under Family Code section 6250 that 37 is issued or set to expire during the state of emergency, must remain in effect 38 for up to 30 days from the date of issuance. 39 40 (2) Any temporary restraining order or gun violence emergency protective order, 41 issued or set to expire during the state of emergency related to the COVID-19 42 pandemic, must be continued for a period of time that the court determines is 43 14 sufficient to allow for a hearing on the long-term order to occur, for up to 90 1 days. 2 3 (3) Any criminal protective order, subject to this rule, set to expire during the 4 state of emergency, must be automatically extended for a period of 90 days, 5 or until the matter can be heard, whichever occurs first. 6 7 (4) Any restraining order or protective order after hearing that is set to expire 8 during the state of emergency related to the COVID-19 pandemic must be 9 automatically extended for up to 90 days from the date of expiration to enable 10 a protected party to seek a renewal of the restraining order. 11 12 (c) Ex parte requests 13 14 (1) Courts must provide a means for the filing of ex parte requests for temporary 15 restraining orders. Courts may do so by providing a physical location, drop 16 box, or, if feasible, through electronic means. 17 18 (2) Any ex parte request may be filed using an electronic signature by a party or 19 a party’s attorney. 20 21 (d) Service of Orders 22 23 If a respondent appears at a hearing by video, audio, or telephonically, and the 24 court grants an order, in whole or in part, no further service is required upon the 25 respondent for enforcement of the order, provided that the court follows the 26 requirements of Family Code section 6384. 27 28 (e) Entry of orders into California Law Enforcement Telecommunications System 29 30 Any orders issued by a court modifying the duration or expiration date of orders 31 subject to this rule, must be transmitted to the Department of Justice through the 32 California Law Enforcement Telecommunications System (CLETS), as provided in 33 Family Code section 6380, without regard to whether they are issued on Judicial 34 Council forms, or in another format during the state of emergency. 35 36 37 Emergency rule 9. Toll the statutes of limitations for civil causes of action 38 39 Notwithstanding any other law, the statutes of limitation for civil causes of action are 40 tolled from April 6, 2020, until 90 days after the Governor declares that the state of 41 emergency related to the COVID-19 pandemic is lifted. 42 43 15 1 Emergency rule 10. Extensions of time in which to bring a civil action to trial 2 3 (a) Extension of five years in which to bring a civil action to trial 4 5 Notwithstanding any other law, including Code of Civil Procedure section 583.310, 6 for all civil actions filed on or before April 6, 2020, the time in which to bring the 7 action to trial is extended by six months for a total time of five years and six 8 months. 9 10 (b) Extension of three years in which to bring a new trial 11 12 Notwithstanding any other law, including Code of Civil Procedure section 583.320, 13 for all civil actions filed on or before April 6, 2020, if a new trial is granted in the 14 action, the three years provided in section 583.320 in which the action must again 15 be brought to trial is extended by six months for a total time of three years and six 16 months. Nothing in this subdivision requires that an action must again be brought 17 to trial before expiration of the time prescribed in (a). 18 19 20 Emergency rule 11. Depositions through remote electronic means 21 22 (a) Deponents appearing remotely 23 24 Notwithstanding any other law, including Code of Civil Procedure section 25 2025.310(a) and (b), and rule 3.1010(c) and (d), a party or nonparty deponent, at 26 their election or the election of the deposing party, is not required to be present 27 with the deposition officer at the time of the deposition. 28 29 (b) Sunset of rule 30 31 This rule will remain in effect until 90 days after the Governor declares that the 32 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 33 repealed by the Judicial Council. 34 35 36 Emergency rule 12. Electronic service 37 38 (a) Application 39 40 (1) Notwithstanding any other law, including Code of Civil Procedure section 41 1010.6, Probate Code section 1215, and rule 2.251, this rule applies in all 42 16 general civil cases and proceedings under the Family and Probate Codes, 1 unless a court orders otherwise. 2 3 (2) Notwithstanding (1), the rule does not apply in cases where parties are 4 already required by court order or local rule to provide or accept notices and 5 documents by electronic service, and is not intended to prohibit electronic 6 service in cases not addressed by this rule. 7 8 (b) Required electronic service 9 10 (1) A party represented by counsel, who has appeared in an action or proceeding, 11 must accept electronic service of a notice or document that may be served by 12 mail, express mail, overnight delivery, or facsimile transmission. Before first 13 serving a represented party electronically, the serving party must confirm by 14 telephone or email the appropriate electronic service address for counsel 15 being served. 16 17 (2) A party represented by counsel must, upon the request of any party who has 18 appeared in an action or proceeding and who provides an electronic service 19 address and a copy of this rule, electronically serve the requesting party with 20 any notice or document that may be served by mail, express mail, overnight 21 delivery, or facsimile transmission. 22 23 (c) Permissive electronic service 24 25 Electronic service on a self-represented party is permitted only with consent of that 26 party, confirmed in writing. The written consent to accept electronic service may be 27 exchanged electronically. 28 29 (d) Time 30 31 (1) In general civil cases and proceedings under the Family Code, the provisions 32 of Code of Civil Procedure section 1010.6(a)(4) and (5) apply to electronic 33 service under this rule. 34 35 (2) In proceedings under the Probate Code, the provisions of Probate Code 36 section 1215(c)(2) apply to electronic service under this rule. 37 38 (e) Confidential documents 39 40 Confidential or sealed records electronically served must be served through 41 encrypted methods to ensure that the documents are not improperly disclosed. 42 43 17 (f) Sunset of rule 1 2 This rule will remain in effect until 90 days after the Governor declares that the 3 state of emergency related to the COVID-19 pandemic is lifted, or until amended or 4 repealed by the Judicial Council. 5 6 Emergency rule 12 adopted effective April 17, 2020. 7 8 Appendix I amended effective April 17, 2020;adopted effective April 6, 2020. 9