Justice Delayed Is Justice Denied: Regaining Possession of Commercial Real Property in a Court System Impacted by the Great Recession and the COVID-19 Epidemic

Kyle Yaege

Kyle Yaege is a partner with Hickman Robinson Yaege, LLP in San Diego, where he focuses his practice on real estate and business matters. He has represented clients ranging from individual homeowners and tenants to Fortune 500 companies, and from public agencies to non-profit organizations. Kyle’s work includes a broad spectrum of issues that relate to business and real property, including finance, acquisition, development, and management.

I. UNLAWFUL DETAINER PROCEEDINGS WERE SLOWED AS AUSTERITY MEASURES WERE TAKEN IN RESPONSE TO THE GREAT RECESSION AND WILL SLOW FURTHER AS COVID-19 EVICTION MORATORIA EXPIRE

Budget cuts after the "Great Recession" of 2007 to 2009 included a reduction in funding for the California judicial system totaling approximately 25% of its entire budget (approximately $1 billion).¹ These cuts forced California’s courts to close fifty-two courthouses, reduce operating hours, reduce services (e.g., court reporters), and generally reduce the public’s access to justice.²