California Code of Civil Procedure CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

• Section 1159.
  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...
• Section 1160.
  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 possession of...
• Section 1161.
  A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now...
• Section 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 stated...
• Section 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, only as...
• Section 1161.3.
  (a) Except as provided in subdivision (b), a landlord shall not terminate a tenancy or fail to renew a tenancy based upon an act or acts...
• Section 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 citizenship...
• Section 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...
• Section 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. (2) “Mobilehome” has the...
• Section 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 the time the...
• Section 1161c.
  (a) In the case of any foreclosure on a residential property, the immediate successor in interest in the property pursuant to the foreclosure shall attach a...
• Section 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 delivering a...
• Section 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...
• Section 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...
• Section 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...
• Section 1166.
  (a) The complaint shall:(1) Be verified and include the typed or printed name of the person verifying the complaint.(2) Set forth the facts on which the plaintiff seeks...
• Section 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 home, mobilehome,...
• Section 1167.
  The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant’s response shall be filed within...
• Section 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...
• Section 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,...
• Section 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 subdivision (a)...
• Section 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...
• Section 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...
• Section 1170.
  On or before the day fixed for his appearance, the defendant may appear and answer or demur.(Enacted 1872.)
• Section 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...
• Section 1170.7.
  A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be...
• Section 1170.8.
  In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice.(Added by Stats. 2007, Ch. 113,...
• Section 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, relating to...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 affirmative defense...
• Section 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 1942.4...
• Section 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 415.46 may...
• Section 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 Section 415.46, any...
• Section 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...
• Section 1176.
  (a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first be...
• Section 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...
• Section 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...
• Section 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...
• Section 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 or...

Last modified: October 22, 2018