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Code of Civil Procedure - CCP - CCP § 1165

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 proceeding.

Code of Civil Procedure - CCP - CCP § 1166

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 to recover. (3) Describe the premises with reasonable certainty. (4) If the action is based on paragraph (2)

Code of Civil Procedure - CCP - CCP § 1166a

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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, or real property issued by the court and directed to the sheriff of the county or marshal, for execution, where it

Code of Civil Procedure - CCP - CCP § 1167

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1167

(a) 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 10 days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon the defendant. (b) If

Code of Civil Procedure - CCP - CCP § 1167.1

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1167.3

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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, answer the complaint, if amended, or amend the answer under paragraph (2), (3), (5), (6), or (7) of subdivision (a) of Section 586

Code of Civil Procedure - CCP - CCP § 1167.4

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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) of Section 418.10, the time for making the motion shall be not less than three days nor more than seven days after the

Code of Civil Procedure - CCP - CCP § 1167.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 Section 1054 shall exceed 10 days without the consent of the adverse party.

Code of Civil Procedure - CCP - CCP § 1169

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 proof of the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintif

Code of Civil Procedure - CCP - CCP § 1170

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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. (b) (1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint

Code of Civil Procedure - CCP - CCP § 1170.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 request to set the time of the trial is made. Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution

Code of Civil Procedure - CCP - CCP § 1170.7

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 granted or denied on the same basis as a motion under Section 437c.

Code of Civil Procedure - CCP - CCP § 1170.8

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1170.8

In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice.

Code of Civil Procedure - CCP - CCP § 1170.9

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 a motion under Section 1167.4, 1170.7, or 1170.8.

Code of Civil Procedure - CCP - CCP § 1171

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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. The jury shall be formed in the same manner as other trial juries in an action of the same jurisdictional classification in the Court in which the ac

Code of Civil Procedure - CCP - CCP § 1172

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was

Code of Civil Procedure - CCP - CCP § 1173

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 or a forcible or unlawful detainer, and other than the offense charged in the complaint, the Judge must order that such complaint

Code of Civil Procedure - CCP - CCP § 1174

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 against the defendant, judgment shall be entered for the possession of the premises; and if the proceedings be for an unlawful detai

Code of Civil Procedure - CCP - CCP § 1174.2

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 a breach of the landlord’s obligations under Section 1941 of the Civil Code or of any warranty of habitability, the

Code of Civil Procedure - CCP - CCP § 1174.21

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 of the Civil Code, shall be liable to the tenant or lessee for reasonable attorneys’ fees and costs of the suit, in an amount to

Code of Civil Procedure - CCP - CCP § 1174.25

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim

Code of Civil Procedure - CCP - CCP § 1174.27

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 premises. (2) The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenant’s immediate fam

Code of Civil Procedure - CCP - CCP § 1174.3

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 occupant not named in the judgment for possession who occupied the premises on the date of the filing of the action

Code of Civil Procedure - CCP - CCP § 1174.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 liability pursuant to Section 1951.2 of the Civil Code.

Code of Civil Procedure - CCP - CCP § 1176

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 directed to the judge before whom it was rendered. Stay of judgment shall be granted when the court finds that the movi