reglab/statecodes huggingface dataset:
2023 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 1161.4.

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 status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.
(b) In an unlawful detainer action, a tenant or occupant may raise, as an affirmative defense, that the landlord violated subdivision (a).
(c) It is a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section in an unlawful detainer action if the landlord did both of the following:
(1) Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action.
(2) Included in the unlawful detainer action a claim based on one of the following:
(A) The failure at any time of a previously approved tenant or occupant to provide a valid social security number.
(B) The failure at any time of a previously approved tenant or occupant to provide information required to obtain a consumer credit report under Section 1785.11 of the Civil Code.
(C) The failure at any time of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord.
(d) This section does not create a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section if a landlord has requested the information described in paragraph (2) of subdivision (c) for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or any other federal law, or a subpoena, warrant, or other order issued by a court.
(e) The rebuttable presumption in this section does not limit paragraph (2) of subdivision (c) of Section 1940.3 of the Civil Code.
(f) No affirmative defense is established under subdivision (b) if a landlord files an unlawful detainer action for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.
(g) For purposes of this section, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.
(Added by Stats. 2017, Ch. 489, Sec. 8. (AB 291) Effective January 1, 2018.)
2023 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 1161.5.

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, that declaration shall be nullified and the lease or rental agreement shall remain in effect if the lessee or tenant performs within three days after service of the notice or if the breach is waived by the lessor or the landlord after service of the notice.
(Added by Stats. 1984, Ch. 174, Sec. 1.)
2023 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 1161a.

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 same meaning as provided in Section 18008 of the Health and Safety Code.
(3) “Floating home” has the same meaning as provided in subdivision (d) of Section 18075.55 of the Health and Safety Code.
(b) In any of the following cases, a person who holds over and continues in possession of a manufactured home, mobilehome, floating home, or real property after a three-day written notice to quit the property has been served upon the person, or if there is a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter:
(1) Where the property has been sold pursuant to a writ of execution against such person, or a person under whom such person claims, and the title under the sale has been duly perfected.
(2) Where the property has been sold pursuant to a writ of sale, upon the foreclosure by proceedings taken as prescribed in this code of a mortgage, or under an express power of sale contained therein, executed by such person, or a person under whom such person claims, and the title under the foreclosure has been duly perfected.
(3) Where the property has been sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected.
(4) Where the property has been sold by such person, or a person under whom such person claims, and the title under the sale has been duly perfected.
(5) Where the property has been sold in accordance with Section 18037.5 of the Health and Safety Code under the default provisions of a conditional sale contract or security agreement executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected.
(c) Notwithstanding the provisions of subdivision (b), a tenant or subtenant in possession of a rental housing unit which has been sold by reason of any of the causes enumerated in subdivision (b), who rents or leases the rental housing unit either on a periodic basis from week to week, month to month, or other interval, or for a fixed period of time, shall be given written notice to quit pursuant to Section 1162, at least as long as the term of hiring itself but not exceeding 30 days, before the tenant or subtenant may be removed therefrom as prescribed in this chapter.
(d) For the purpose of subdivision (c), “rental housing unit” means any structure or any part thereof which is rented or offered for rent for residential occupancy in this state.
(Amended by Stats. 1991, Ch. 942, Sec. 11.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 the defendant.
(b) If service is completed by mail or in person through the Secretary of State’s address confidentiality program under Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the defendant shall have an additional five court days to file a response.
(c) 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. 2022, Ch. 686, Sec. 3. (AB 1726) Effective January 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 1174.5.

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.
(Added by Stats. 1982, Ch. 488, Sec. 1.)
2023 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 1176.

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 moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance. If the stay is denied by the trial court, the defendant may forthwith file a petition for an extraordinary writ with the appropriate appeals court. If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case it shall order the payment of the reasonable monthly rental value to the court monthly in advance as rent would otherwise become due as a condition of issuing the stay of enforcement. As used in this subdivision, “reasonable rental value” means the contract rent unless the rental value has been modified by the trial court in which case that modified rental value shall be used.
(b) A new cause of action on the same agreement for the rental of real property shall not be barred because of an appeal by any party.
(Amended by Stats. 1985, Ch. 1279, Sec. 3.)
2023 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 1177.

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 proceedings mentioned in this Chapter.
(Enacted 1872.)
2023 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 1178.

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 or with rules adopted by the Judicial Council, apply to the proceedings mentioned in this chapter.
(Amended by Stats. 1945, Ch. 40.)
2023 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 1179.

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 terminated, and restore him or her to his or her former estate or tenancy, in case of hardship, as provided in Section 1174. The court has the discretion to relieve any person against forfeiture on its own motion.
An application for relief against forfeiture may be made at any time prior to restoration of the premises to the landlord. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, must be served at least five days prior to the hearing on the plaintiff in the judgment, who may appear and contest the application. Alternatively, a person appearing without an attorney may make the application orally, if the plaintiff either is present and has an opportunity to contest the application, or has been given ex parte notice of the hearing and the purpose of the oral application. In no case shall the application or motion be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, so far as the same is practicable, be made.
(Amended by Stats. 2002, Ch. 301, Sec. 4. Effective January 1, 2003.)
2023 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 1179a.

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 may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which special precedence is given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined.
(Added by Stats. 1931, Ch. 885.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 5 - COVID-19 Tenant Relief Act › Section 1179.01.

1179.01. This chapter is known, and may be cited, as the COVID-19 Tenant Relief Act.
(Amended by Stats. 2021, Ch. 2, Sec. 15. (SB 91) Effective January 29, 2021. Repealed as of October 1, 2025, pursuant to Section 1179.07.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 5 - COVID-19 Tenant Relief Act › Section 1179.01.5.

1179.01.5. (a) It is the intent of the Legislature that the Judicial Council and the courts have adequate time to prepare to implement the new procedures resulting from this chapter, including educating and training judicial officers and staff.
(b) Notwithstanding any other law, before October 5, 2020, a court shall not do any of the following:
(1) Issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges.
(2) Enter a default or a default judgment for restitution in an unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges.
(c) (1) A plaintiff in an unlawful detainer action shall file a cover sheet in the form specified in paragraph (2) that indicates both of the following:
(A) Whether the action seeks possession of residential real property.
(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.
(2) The cover sheet specified in paragraph (1) shall be in the following form:
“UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET
1. This action seeks possession of real property that is:
a. [ ] Residential
b. [ ] Commercial
2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.
a. [ ] Yes
b. [ ] No
Date:__________________
_____________________________ _______________________________
Type Or Print Name Signature Of Party Or Attorney For Party”
(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.
(4) The Judicial Council may develop a form for mandatory use that includes the information in paragraph (2).
(d) This section does not prevent a court from issuing a summons or entering default in an unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.
(Added by Stats. 2020, Ch. 37, Sec. 20. (AB 3088) Effective August 31, 2020. Repealed as of October 1, 2025, pursuant to Section 1179.07.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 5 - COVID-19 Tenant Relief Act › Section 1179.03.5.

1179.03.5. (a) Before October 1, 2021, a court may not find a tenant guilty of an unlawful detainer unless it finds that one of the following applies:
(1) The tenant was guilty of the unlawful detainer before March 1, 2020.
(2) In response to service of a notice demanding payment of COVID-19 rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.03.
(3) (A) The unlawful detainer arises because of a termination of tenancy for any of the following:
(i) An at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code.
(ii) (I) A no-fault just cause, as defined in paragraph (2) of subdivision (b) of Section 1946.2 of the Civil Code, other than intent to demolish or to substantially remodel the residential real property, as defined in subparagraph (D) of paragraph (2) of subdivision (b) of Section 1946.2.
(II) Notwithstanding subclause (I), termination of a tenancy based on intent to demolish or to substantially remodel the residential real property shall be permitted if necessary to maintain compliance with the requirements of Section 1941.1 of the Civil Code, Section 17920.3 or 17920.10 of the Health and Safety Code, or any other applicable law governing the habitability of residential rental units.
(iii) The owner of the property has entered into a contract for the sale of that property with a buyer who intends to occupy the property, and all the requirements of paragraph (8) of subdivision (e) of Section 1946.2 of the Civil Code have been satisfied.
(B) In an action under this paragraph, other than an action to which paragraph (2) also applies, the landlord shall be precluded from recovering COVID-19 rental debt in connection with any award of damages.
(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.
(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenant’s COVID-19 rental debt against their obligation to assist the tenant to relocate.
(Amended by Stats. 2021, Ch. 27, Sec. 16. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2025, pursuant to Section 1179.07.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 5 - COVID-19 Tenant Relief Act › Section 1179.04.5.

1179.04.5. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the covered time period, the landlord shall not do either of the following:
(a) Apply a security deposit to satisfy COVID-19 rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. Nothing in this subdivision shall prohibit a landlord from applying a security deposit to satisfy COVID-19 rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.
(b) Apply a monthly rental payment to any COVID-19 rental debt other than the prospective month’s rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.
(Added by Stats. 2021, Ch. 5, Sec. 2. (AB 81) Effective February 23, 2021. Repealed as of October 1, 2025, pursuant to Section 1179.07. Note: This section is derived from Civil Code Section 1179.04.5. In effect, Stats. 2021, Ch. 5, Sec. 2, repealed Section 1179.04.5 in the Civil Code and added it to this code.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 5 - COVID-19 Tenant Relief Act › Section 1179.06.

1179.06. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.
(Added by Stats. 2020, Ch. 37, Sec. 20. (AB 3088) Effective August 31, 2020. Repealed as of October 1, 2025, pursuant to Section 1179.07.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 5 - COVID-19 Tenant Relief Act › Section 1179.07.

1179.07. This chapter shall remain in effect until October 1, 2025, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 27, Sec. 19. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2025, by its own provisions. Note: Repeal affects Chapter 5 commencing with Section 1179.01.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 6 - COVID-19 Rental Housing Recovery Act › Section 1179.08.

1179.08. This chapter shall be known, and may be cited, as the COVID-19 Rental Housing Recovery Act.
(Added by Stats. 2021, Ch. 27, Sec. 20. (AB 832) Effective June 28, 2021. Repealed as of September 30, 2024, pursuant to Section 1179.15.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 6 - COVID-19 Rental Housing Recovery Act › Section 1179.12.

1179.12. (a) Each government rental assistance program shall, by no later than September 15, 2021, develop mechanisms, including, but not limited to, telephone or online access, through which landlords, tenants, and the court may do both of the following:
(1) Verify the status of an application for rental assistance based upon the property address and a unique application number.
(2) Obtain copies of any determination on an application for rental assistance. A determination shall indicate all of the following:
(A) The name of the tenant that is the subject of the application.
(B) The address of the property that is the subject of the application.
(C) Whether the application has been approved or denied.
(D) If the application has been approved, then the amount of the payment that has been approved and the period and type of rental debt to which the amount corresponds.
(E) If the application has been denied, the reason for the denial, which shall be any of the following:
(i) The tenant is ineligible for government rental assistance.
(ii) The government rental assistance program no longer has sufficient funds to approve the application.
(iii) The application remained incomplete 15 days, excluding Saturdays, Sundays, and other judicial holidays, after it was initially submitted because of failure on the part of the tenant to provide required information.
(b) A government rental assistance program that does not comply with this section shall be deemed ineligible to receive further block grant allocations pursuant to Section 50897.2 or 50897.2.1 of the Health and Safety Code.
(c) It shall be unlawful for a person to access or use any information available pursuant to subdivision (a) for any purpose other than to determine the status of an application for assistance.
(Amended by Stats. 2022, Ch. 28, Sec. 28. (SB 1380) Effective January 1, 2023. Repealed as of September 30, 2024, pursuant to Section 1179.15.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 6 - COVID-19 Rental Housing Recovery Act › Section 1179.14.

1179.14. If the criteria for issuance of a summons pursuant to subdivision (a) of Section 1179.11 have not been satisfied within 60 days of the complaint’s filing, the court shall dismiss the action without prejudice.
(Added by Stats. 2021, Ch. 27, Sec. 20. (AB 832) Effective June 28, 2021. Repealed as of September 30, 2024, pursuant to Section 1179.15.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 6 - COVID-19 Rental Housing Recovery Act › Section 1179.15.

1179.15. This chapter shall remain in effect until September 30, 2024, and as of that date is repealed.
(Added by Stats. 2021, Ch. 27, Sec. 20. (AB 832) Effective June 28, 2021. Repealed as of September 30, 2024, by its own provisions. Note: Repeal affects Chapter 6, commencing with Section 1179.08.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 4 - OF THE ENFORCEMENT OF LIENS › CHAPTER 2.5 - Oil and Gas Liens › Section 1203.50.

1203.50. This chapter shall be known and may be cited as the Oil and Gas Lien Act.
(Added by Stats. 1959, Ch. 2020.)