§ 1161.2.5
364 words·~2 min read·
/ca/code-of-civil-procedure/1161-2-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as provided in Section 1161.2, the clerk shall allow access to civil case records for actions seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, including the court file, index, and register of actions, only as follows:
(A)To a party to the action, including a party’s attorney.
(B)To a person who provides the clerk with the names of at least one plaintiff and one defendant.
(C)To a resident of the premises for which the COVID-19 rental debt is owed who provides the clerk with the name of one of the parties or the case number and shows proof of residency.
(D)To a person by order of the court, which may be granted ex parte, on a showing of good cause.
(2)To give the court notice that access to the records in an action is limited, any complaint or responsive pleading in a case subject to this section shall include on either the first page of the pleading or a cover page, the phrase “ACTION FOR RECOVERY OF COVID-19 RENTAL DEBT AS DEFINED UNDER SECTION 1179.02” in bold, capital letters, in 12 point or larger font.
(3)The Judicial Council shall develop forms for parties to utilize in actions brought pursuant to Section 116.223 and in civil actions for recovery of COVID-19 rental debt as defined in Section 1179.02. The forms shall provide prominent notice on the first page that access to the records in the case is limited pursuant to this section.
(1)For purposes of this section, “good cause” includes, but is not limited to, both of the following:
(A)The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.
(B)The gathering of evidence by a party to a civil action solely for the purpose of making a request for judicial notice pursuant to subdivision
(d)of Section 452 of the Evidence Code.
(2)It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph
(D)of paragraph
(1)of subdivision (a).
(c)This section does not alter any provision of the Evidence Code.