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116.223. Â
(a)Â The Legislature hereby finds and declares as follows:
(1)Â There is anticipated to be an unprecedented number of claims arising out of nonpayment of residential rent that occurred between March 1, 2020, and September 30, 2021, related to the COVID-19 pandemic.
(2)Â These disputes are of special importance to the parties and of significant social and economic consequence collectively as the people of the State of California grapple with the health, economic, and social impacts of the COVID-19
pandemic.(3)Â It is essential that the parties have access to a judicial forum to resolve these disputes expeditiously, inexpensively, and fairly.
(4)Â It is the intent of the Legislature that landlords of residential real property and their tenants have the option to litigate disputes regarding rent which is unpaid for the time period between March 1, 2020, and September 30, 2021, in the small claims court. It is the intent of the Legislature that the jurisdictional limits of the small claims court not apply to these disputes over COVID-19 rental debt.
(b)Â (1)Â Notwithstanding paragraph (1) of
subdivision (a) Section 116.220, Section 116.221, or any other law, the small claims court has jurisdiction in any action for recovery of COVID-19 rental debt, as defined in Section 1179.02, and any defenses thereto, regardless of the amount demanded.(2)Â In an action described in paragraph (1), the court shall reduce the damages awarded for any amount of COVID-19 rental debt sought by payments made to the landlord to satisfy the COVID-19 rental debt, including payments by the tenant, rental assistance programs, or another third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.
(3)Â An action to recover COVID-19 rental debt, as defined in Section 1179.02, brought pursuant to this subdivision shall not be commenced before
November 1, 2021.(c)Â Any claim for recovery of COVID-19 rental debt, as defined in Section 1179.02, shall not be subject to Section 116.231, notwithstanding the fact that a landlord of residential rental property may have brought two or more small claims actions in which the amount demanded exceeded two thousand five hundred dollars ($2,500) in any calendar year.
(d)Â This section shall remain in effect until October 1, 2025, and as of that date is repealed.
Discussion In the instant Motion, Defendant asks the Court to transfer this action to small claims pursuant to Code of Civil Procedure section 116.223. The Court previously denied Defendants request to transfer the action to small claims on June 22, 2023. (Minute Order, 06/22/23, pp. 3-4.) Specifically, the Court ruled: Code of Civil Procedure section 116.223, however, does not provide for the transfer of cases from the limited jurisdiction court to small claims.
SM 10000 PROPERTY LLC VS HEATHER NAYLOR
22SMCV00330
Jan 04, 2024
Echo Dawn Ryan
Los Angeles County, CA
Pursuant to Code of Civil Procedure section 116.223, subdivision (b)(3), Plaintiff’s claims against Defendants are not yet actionable. For this reason, the Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Conclusion & Order For the foregoing reasons, Defendant Aurelio Chavarria’s Demurrer to Plaintiff’s Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Moving party is ordered to give notice.
HCT INVESTMENTS L.L.C. VS AURELIO CHAVARRIA, ET AL.
20STLC10740
Mar 25, 2021
Los Angeles County, CA
Pursuant to Code of Civil Procedure section 116.223, subdivision (b)(3), Plaintiff’s claims against Defendants are not yet actionable. For this reason, the Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Conclusion & Order For the foregoing reasons, Defendant Aurelio Chavarria’s Demurrer to Plaintiff’s Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Moving party is ordered to give notice.
(NO CASE NAME AVAILABLE)
29STLC10740
Mar 24, 2021
Los Angeles County, CA
The request to quash Motion to Transfer Action to Small Claims Court In conjunction with the instant motion to quash, Defendant asks the Court to transfer this action to small claims pursuant to Code of Civil Procedure section 116.223. Code of Civil Procedure section 116.223, hoewver, does not provide for the transfer of cases from the limited jurisidticion court to small claims.
22SMCV00330
Jun 22, 2023
Darren L Vahle
Los Angeles County, CA
Also, the notwithstanding language points to sections that dictate the jurisdiction of the small claims court, which suggests that section 116.223 is an simply exception to that rule but otherwise has no bearing on the jurisdiction of the limited and unlimited civil courts to hear actions for recovery of COVID-19 rental debt.
22STLC04924
Dec 18, 2023
Echo Dawn Ryan
Los Angeles County, CA
Aug 12, 2020
Judgment on Appeal
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