Did You Know that Marin’s Court Has Unlawful Detainer Mandatory Settlement Conferences?

Vincent J. DeMartini, DeMartini, Walker, & Ghaedi LLP

When unlawful detainer cases are set for trial in Marin County a mandatory settlement conference is set for the week prior to trial. These judicially supervised conferences are coordinated by Legal Aid of Marin scheduling volunteer attorneys from the Marin County Bar to provide unrepresented parties legal assistance at the conference. 

We asked Vince DeMartini, who has been representing landlords for nearly 50 years, and has litigated over a thousand unlawful detainer cases, for his thoughts on the effectiveness of the Marin County Mandatory Settlement Conferences. His immediate response was that this coordinated effort is an “invaluable process” which in the vast majority of cases, results in a resolution that avoids the risk and uncertainty of trial and is beneficial to both landlords and tenants. 

Tenant Benefits: 

Tenants who are not represented, have the assistance of a volunteer attorney to advise them of the strengths and weaknesses of their position to properly evaluate the risk/reward of trial and settlement at no cost to the tenant. 

By reaching a negotiated settlement, tenants avoid the risk of judgment and the negative impact on their credit. When a case is resolved before trial a standard settlement term provides that the matter remains confidential and sealed and unavailable to third-parties.   

Landlord Benefits: 

For a landlord, Mandatory Settlement Conferences resulting in resolution are more efficient avoiding costs associated with the preparation and presentation of a trial, as well as any uncertainty regarding an award by a judge or jury. 

Resolution through an MSC does not prevent a landlord from obtaining court-ordered relief in the event of a breach of a written settlement agreement by a tenant. In settlement agreements reached at an MSC, the Court typically is requested to retain enforcement jurisdiction to assure compliance. 

Generally: 

In January 2024, the Judicial Council published form UD-155, Eviction Case (Unlawful Detainer) Stipulation, which is an optional “check the box” form to assist with the resolution of a case before trial. The judicial council form sets forth the standard terms typically addressed at settlement conferences. Reviewing the form in advance of the conference should assist in focusing on the issues the conference is intended to address and resolve. 

Overall, it is a system that works. Mandatory Settlement Conferences provide a valuable opportunity for landlords and tenants to settle their disputes in a fair, efficient, and less stressful manner.   

Join the Honorable Judge Sweet and the MCBA’s Real Property Section on Monday, June 17, 2024 at 12 pm to hear how to get involved with MSCs and help mitigate Marin’s housing crisis.

Join the Honorable Judge Sweet and the MCBA’s Real Property Section on Monday, June 17, 2024 at 12 pm to hear how to get involved with MSCs and help mitigate Marin’s housing crisis. When unlawful detainer cases are set for trial in Marin County a mandatory settlement conference is set for the week prior to trial. These judicially supervised conferences are coordinated by Legal Aid of Marin scheduling volunteer attorneys from the Marin County Bar to provide unrepresented parties legal assistance at the conference.