Title 3: OF SUMMARY PROCEEDINGS [1132 - 1179a] | Chapter 4: Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a]
California Code of Civil Procedure – 2026
§ 1159
(a) Every person is guilty of a forcible entry who either: (1) By breaking open doors, windows, or other parts of a house, or by any kind of violence …
§ 1160
(a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the poss…
§ 1161
A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or h…
§ 1161.1
With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent: (a) If the amount…
§ 1161.2
(a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions,…
§ 1161.3
(a) For purposes of this section: (1) “Abuse or violence” means domestic violence as defined in Section 6211 of the Family Code, sexual assault as def…
§ 1161.4
(a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citiz…
§ 1161.5
When the notice required by Section 1161 states that the lessor or the landlord may elect to declare the forfeiture of the lease or rental agreement, …
§ 1161a
(a) As used in this section: (1) “Manufactured home” has the same meaning as provided in Section 18007 of the Health and Safety Code.
§ 1161b
(a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at th…
§ 1162
(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By deliv…
§ 1162a
In any case in which service or exhibition of a receiver’s or levying officer’s deed is required, in lieu thereof service of a copy or copies of the d…
§ 1164
No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, …
§ 1165
Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proc…
§ 1166
(a) The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint.
§ 1166a
(a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured hom…
§ 1167
(a) The summons shall be in the form specified in Section 412.
§ 1167.1
If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.
§ 1167.3
In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint, …
§ 1167.4
Notwithstanding any other provision of law, in any action under this chapter: (a) Where the defendant files a notice of motion as provided for in subd…
§ 1167.5
Unless otherwise ordered by the court for good cause shown, no extension of time allowed in any action under this chapter for the causes specified in …
§ 1169
If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and pr…
§ 1170
(a) On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint.
§ 1170.5
(a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the r…
§ 1170.7
A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice.
§ 1170.8
In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice.
§ 1170.9
The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any…
§ 1171
Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other cases.
§ 1172
On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible …
§ 1173
When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry …
§ 1174
(a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be in favor of the plaintiff and ag…
§ 1174.2
(a) In an unlawful detainer proceeding involving residential premises after default in payment of rent and in which the tenant has raised as an affirm…
§ 1174.21
A landlord who institutes an unlawful detainer proceeding based upon a tenant’s nonpayment of rent, and who is liable for a violation of Section 1942.…
§ 1174.25
(a) (1) Except as provided in paragraph (2), an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.…
§ 1174.27
(a) This section shall apply to an unlawful detainer proceeding in which all of the following are true: (1) The proceeding involves a residential prem…
§ 1174.3
(a) (1) Except as provided in paragraph (2), unless a prejudgment claim of right to possession has been served upon occupants in accordance with Secti…
§ 1174.5
A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from…
§ 1176
(a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment.
§ 1177
Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the pro…
§ 1178
The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter…
§ 1179
The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has termin…
§ 1179a
In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are …