reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 1161b (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1161b.

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 property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter.(b) In addition to the rights set forth in subdivision (a), tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale shall have the right to possession until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, except that the tenancy may be terminated upon 90 days’ written notice to quit pursuant to subdivision (a) if any of the following conditions apply:(1) The purchaser or successor in interest will occupy the housing unit as a primary residence.(2) The lessee is the mortgagor or the child, spouse, or parent of the mortgagor.(3) The lease was not the result of an arms’ length transaction.(4) The lease requires the receipt of rent that is substantially less than fair market rent for the property, except when rent is reduced or subsidized due to a federal, state, or local subsidy or law.(c) The purchaser or successor in interest shall bear the burden of proof in establishing that a fixed-term residential lease is not entitled to protection under subdivision (b).(d)  This section shall not apply if any party to the note remains in the property as a tenant, subtenant, or occupant.(e) Nothing in this section is intended to affect any local just cause eviction ordinance. This section does not, and shall not be construed to, affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.(Amended by Stats. 2019, Ch. 134, Sec. 3. (SB 18) Effective January 1, 2020.)
CA Civ Pro Code § 1162 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1162.

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 copy to the tenant personally.(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.(b) The notices required by Section 1161 may be served upon a commercial tenant by any of the following methods:(1) By delivering a copy to the tenant personally.(2) If he or she is absent from the commercial rental property, by leaving a copy with some person of suitable age and discretion at the property, and sending a copy through the mail addressed to the tenant at the address where the property is situated.(3) If, at the time of attempted service, a person of suitable age or discretion is not found at the rental property through the exercise of reasonable diligence, then by affixing a copy in a conspicuous place on the property, and also sending a copy through the mail addressed to the tenant at the address where the property is situated. Service upon a subtenant may be made in the same manner.(c) For purposes of subdivision (b), “commercial tenant” means a person or entity that hires any real property in this state that is not a dwelling unit, as defined in subdivision (c) of Section 1940 of the Civil Code, or a mobilehome, as defined in Section 798.3 of the Civil Code.(Amended by Stats. 2010, Ch. 144, Sec. 1. (AB 1263) Effective January 1, 2011.)
CA Civ Pro Code § 1162a (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1162a.

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 deed may be made as provided in Section 1162.(Amended by Stats. 1982, Ch. 497, Sec. 75. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
CA Civ Pro Code § 1164 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1164.

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, need be made parties defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be nonsuited for the nonjoinder of any person who might have been made party defendant, but when it appears that any of the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against him or her. In case a defendant has become a subtenant of the premises in controversy, after the service of the notice provided for by subdivision 2 of Section 1161 of this code, upon the tenant of the premises, the fact that such notice was not served on each subtenant shall constitute no defense to the action. All persons who enter the premises under the tenant, after the commencement of the suit, shall be bound by the judgment, the same as if he or they had been made party to the action.(Amended by Stats. 1975, Ch. 1241.)
CA Civ Pro Code § 1165 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1165.

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.(Enacted 1872.)
CA Civ Pro Code § 1166 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1166.

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) of Section 1161, state the amount of rent in default.(5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.(b) The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.(c) In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint “Action based on Code of Civil Procedure Section 1161a.”(d) (1) In an action regarding residential property, the plaintiff shall attach to the complaint the following:(A) A copy of the notice or notices of termination served on the defendant upon which the complaint is based.(B) A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached. The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:(i) The lease or rental agreement is oral.(ii) A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.(iii) An action based solely on subdivision (2) of Section 1161.(2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.(e) Upon filing the complaint, a summons shall be issued thereon.(Amended by Stats. 2010, Ch. 641, Sec. 3. (SB 1149) Effective January 1, 2011.)
CA Civ Pro Code § 1166a (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1166a.

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 appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons. The motion shall indicate that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises.(b) Written notice of the hearing on the motion shall be served on the defendant by the plaintiff in accordance with the provisions of Section 1011, and shall inform the defendant as follows: “You may file affidavits on your own behalf with the court and may appear and present testimony on your own behalf. However, if you fail to appear, the plaintiff will apply to the court for a writ of possession of a manufactured home, mobilehome, or real property.”(c) The plaintiff shall file an undertaking in a sum that shall be fixed and determined by the judge, to the effect that, if the plaintiff fails to recover judgment against the defendant for the possession of the premises or if the suit is dismissed, the plaintiff will pay to the defendant those damages, not to exceed the amount fixed in the undertaking, as may be sustained by the defendant by reason of that dispossession under the writ of possession of a manufactured home, mobilehome, or real property.(d) If, at the hearing on the motion, the findings of the court are in favor of the plaintiff and against the defendant, an order shall be entered for the immediate possession of the premises.(e) The order for the immediate possession of the premises may be enforced as provided in Division 3 (commencing with Section 712.010) of Title 9 of Part 2.(f) For the purposes of this section, references in Division 3 (commencing with Section 712.010) of Title 9 of Part 2 and in subdivisions (e) to (m), inclusive, of Section 1174, to the “judgment debtor” shall be deemed references to the defendant, to the “judgment creditor” shall be deemed references to the plaintiff, and to the “judgment of possession or sale of property” shall be deemed references to an order for the immediate possession of the premises.(Amended by Stats. 1996, Ch. 872, Sec. 20. Effective January 1, 1997.)
CA Civ Pro Code § 1167 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1167.

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 five days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon him or her.(b) In all other respects the summons shall be issued and served and returned in the same manner as a summons in a civil action.(Amended by Stats. 2018, Ch. 260, Sec. 2. (AB 2343) Effective January 1, 2019. Section operative September 1, 2019, pursuant to Sec. 3, Stats. 2018, Ch. 260.)
CA Civ Pro Code § 1167.1 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1167.1.

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.(Added by Stats. 2016, Ch. 336, Sec. 4. (AB 2819) Effective January 1, 2017.)
CA Civ Pro Code § 1167.3 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1167.3.

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 shall not exceed five days.(Amended by Stats. 1999, Ch. 344, Sec. 19. Effective September 7, 1999.)
CA Civ Pro Code § 1167.4 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1167.4.

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 filing of the notice.(b) The service and filing of a notice of motion under subdivision (a) shall extend the defendant’s time to plead until five days after service upon him of the written notice of entry of an order denying his motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 15 days.(Added by Stats. 1971, Ch. 1332.)
CA Civ Pro Code § 1167.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1167.5.

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.(Added by Stats. 1971, Ch. 849.)
CA Civ Pro Code § 1169 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1169.

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 plaintiff, immediately shall enter judgment for restitution of the premises and shall issue a writ of execution thereon. The application for default judgment and the default judgment shall include a place to indicate that the judgment includes tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. Thereafter, the plaintiff may apply to the court for any other relief demanded in the complaint, including the costs, against the defendant, or defendants, or against one or more of the defendants.(Amended by Stats. 2007, Ch. 263, Sec. 13. Effective January 1, 2008.)
CA Civ Pro Code § 1170 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1170.

1170.  On or before the day fixed for his appearance, the defendant may appear and answer or demur.(Enacted 1872.)
CA Civ Pro Code § 1170.7 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1170.7.

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.(Added by Stats. 1982, Ch. 1620, Sec. 3.)
CA Civ Pro Code § 1170.8 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1170.8.

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, Sec. 1. Effective January 1, 2008.)
CA Civ Pro Code § 1170.9 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1170.9.

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.(Added by Stats. 2007, Ch. 113, Sec. 2. Effective January 1, 2008.)
CA Civ Pro Code § 1171 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1171.

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 action is pending.(Amended by Stats. 1998, Ch. 931, Sec. 120. Effective September 28, 1998.)
CA Civ Pro Code § 1172 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1172.

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 entitled to the possession at the time of the forcible detainer. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings.(Enacted 1872.)
CA Civ Pro Code § 1173 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1173.

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 be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the Court good cause therefor.(Amended by Stats. 1885, Ch. 121.)
CA Civ Pro Code § 1174.21 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1174.21.

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 be fixed by the court.(Added by Stats. 2003, Ch. 109, Sec. 2. Effective January 1, 2004.)
CA Civ Pro Code § 1174.25 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE|TITLE 3 - OF SUMMARY PROCEEDINGS|CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases|Section 1174.25.

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 of right to possession as shown on the return of service, which period shall include Saturday and Sunday but exclude all other judicial holidays. If the last day for filing the claim falls on a Saturday or Sunday, the filing period shall be extended to and including the next court day. Filing the prejudgment claim of right to possession shall constitute a general appearance for which a fee shall be collected as provided in Section 70614 of the Government Code. Section 68511.3 of the Government Code applies to the prejudgment claim of right to possession.(2) In an action as described in paragraph (2) of subdivision (e) of Section 415.46, an occupant may file a prejudgment claim of right to possession at any time before judgment is entered.(b) At the time of filing, the claimant shall be added as a defendant in the action for unlawful detainer and the clerk shall notify the plaintiff that the claimant has been added as a defendant in the action by mailing a copy of the claim filed with the court to the plaintiff with a notation so indicating. The claimant shall answer or otherwise respond to the summons and complaint within five days, including Saturdays and Sundays, but excluding all other judicial holidays, after filing the prejudgment claim of possession. Thereafter, the name of the claimant shall be added to any pleading, filing or form filed in the action for unlawful detainer.(Amended by Stats. 2014, Ch. 913, Sec. 8. (AB 2747) Effective January 1, 2015.)