(Written by Jonathan Kim)

In the nuanced world of Unlawful Detainers, numerous amounts of cases are tried and litigated every day. Although the nature of these cases is straightforward and legally routine, every now and then the Court issues a ruling that sets a new precedent. A tool available to both Landlord and Tenants in Unlawful Detainers is the ability to make a one-time challenge under Code of Civil Procedure section 170.6 to disqualify the presiding judge in order to be reassigned different one. What was supposed to be a routine, simple request, now requires a more scrutinous procedure to get done.

A judge assigned to an unlawful detainer case can have a significant impact on how efficiently the case proceeds. Unlawful detainers are intended to provide landlords with an expedited procedure for recovering possession of their property. When a case is assigned to a judicial officer who is unfamiliar with unlawful detainer law, has a particularly congested calendar, or whose prior rulings create legitimate concerns for the landlord’s case, a section 170.6 challenge can provide an important opportunity to have the matter reassigned.

Landlords and their attorneys should no longer assume that making such a challenge will be as routine as it once was. Parties are now required to submit a declaration or oral attestation identifying all previous challenges made towards that specific judge in the past twelve months. The intent of this change was to address bad faith challenges towards a particular judge and was primarily done in reaction to the actions done in JO v San Joaquin County Public Conservator. In this case, County Counsel filed 325 separate challenges in a 4-month span (That averages to almost 3 challenges a day!). With this change in place, Court will now examine these challenges with closer scrutiny, and as a result, these challenges may be denied more often than before.

This change could be a double-edged sword as the ability to issue this challenge can be important to either party, especially if a judge shows bias or is inexperienced in this field of law. The effects are already being reported across both landlord and tenant law firms, as courts have begun to deny challenges that previously may have been handled with little controversy. Landlords and their legal counsel may now find themselves stuck in front of unfavorable judges, but the same can be said for tenants and their legal counsel. What could also happen is that if the other party objects to the challenge, then the Court could decide to set up a hearing that will lead to further delays and litigation costs for a challenge that may ultimately be denied.

Small changes in the legal world of Unlawful Detainers can have a major impact on a landlord’s ability to efficiently recover possession of their property. What may appear to be a minor procedural change can result in additional hearings, increased litigation costs, and delays in an already time-sensitive proceeding. As California’s unlawful detainer laws and procedures continue to evolve, having experienced legal counsel can help landlords navigate these changes and protect their interests. Contact Kendall Law today to schedule a consultation.