Summary proceedings for obtaining possession of real property: procedural requirements.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes the rules for how quickly courts must hold hearings on motions in eviction cases (actions for unlawful detainer). Currently, courts have flexibility to delay hearings, but this bill limits that flexibility, setting specific time limits for hearing dates based on whether the case involves a residential or commercial tenancy. It aims to standardize the process and ensure more predictable timelines for both landlords and tenants.
Key provisions
- Limits the court’s ability to delay hearings on motions related to eviction cases.
- Sets a 5-7 day deadline for hearings on motions, unless good cause is shown.
- Allows parties to agree to a later hearing date through a written stipulation.
- For residential tenancies, allows a court to order a hearing no more than 10 days after the initial hearing date.
- For commercial tenancies, allows a court to order a hearing no more than 10 days after the initial hearing date.
- Requires written opposition to be filed before the hearing, if sought.
- Specifies acceptable methods for serving documents.
- Amends Section 1170 of the Code of Civil Procedure.
Who is affected
- Landlords
- Tenants
- Legal professionals involved in eviction cases
- Courts
Notable changes
- Reduces the court's discretion to set hearing dates.
Bill text
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Sponsors
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3 on record
Primary sponsor
Cosponsors
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