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California Civil Code Section 1952.3

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(a) Except as provided in subdivisions (b) and (c), if the
lessor brings an unlawful detainer proceeding and possession of the
property is no longer in issue because possession of the property has
been delivered to the lessor before trial or, if there is no trial,
before judgment is entered, the case becomes an ordinary civil action
in which:
   (1) The lessor may obtain any relief to which he is entitled,
including, where applicable, relief authorized by Section 1951.2;
but, if the lessor seeks to recover damages described in paragraph
(3) of subdivision (a) of Section 1951.2 or any other damages not
recoverable in the unlawful detainer proceeding, the lessor shall
first amend the complaint pursuant to Section 472 or 473 of the Code
of Civil Procedure so that possession of the property is no longer in
issue and to state a claim for such damages and shall serve a copy
of the amended complaint on the defendant in the same manner as a
copy of a summons and original complaint is served.
   (2) The defendant may, by appropriate pleadings or amendments to
pleadings, seek any affirmative relief, and assert all defenses, to
which he is entitled, whether or not the lessor has amended the
complaint; but subdivision (a) of Section 426.30 of the Code of Civil
Procedure does not apply unless, after delivering possession of the
property to the lessor, the defendant (i) files a cross-complaint or
(ii) files an answer or an amended answer in response to an amended
complaint filed pursuant to paragraph (1).
   (b) The defendant's time to respond to a complaint for unlawful
detainer is not affected by the delivery of possession of the
property to the lessor; but, if the complaint is amended as provided
in paragraph (1) of subdivision (a), the defendant has the same time
to respond to the amended complaint as in an ordinary civil action.
   (c) The case shall proceed as an unlawful detainer proceeding if
the defendant's default (1) has been entered on the unlawful detainer
complaint and (2) has not been opened by an amendment of the
complaint or otherwise set aside.
   (d) Nothing in this section affects the pleadings that may be
filed, relief that may be sought, or defenses that may be asserted in
an unlawful detainer proceeding that has not become an ordinary
civil action as provided in subdivision (a).

Last modified: July 31, 2008