Bill Text: CA AB2347 | 2023-2024 | Regular Session | Amended
Bill Title: Summary proceedings for obtaining possession of real property: procedural requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-05 - Referred to Com. on JUD. [AB2347 Detail]
Download: California-2023-AB2347-Amended.html
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Amended
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Assembly
May 21, 2024 |
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Amended
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April 22, 2024 |
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Amended
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March 19, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2347
| Introduced by Assembly Member Kalra |
February 12, 2024 |
An act to amend Sections 1167 and 1169 1167, 1169, and 1170 of the Code of Civil Procedure, relating to summary proceedings.
LEGISLATIVE COUNSEL'S DIGEST
AB 2347, as amended, Kalra.
Summary proceedings for obtaining possession of real property: procedural requirements.
Existing law requires a defendant, in a summary proceeding for obtaining possession of real property, to file a response within five days, excluding specified days, after the complaint is served on the defendant. Existing law requires the clerk in such a proceeding, upon written application of the plaintiff and proof of service of the summons and complaint, to enter the default of any defendant served with a summons who does not appear and defend.
This bill would extend the time in which a defendant, in a summary proceeding for obtaining possession of real property, must file a response from 5 to 10 days, excluding specified days, after the complaint is served on the defendant. The bill would additionally require the clerk in such a proceeding to enter the default of any defendant served with a summons who does not appear and defend only upon
written application of the plaintiff no sooner than three court days following the filing of the proof of service of the summons and complaint. The bill would also specify procedures and deadlines for filing a demurrer or a motion to strike a complaint as well as an opposition to and reply in support of such a motion.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1167 of the Code of Civil Procedure is amended to read: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 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.
SEC. 2.
Section 1169 of the Code of Civil Procedure is amended to read:1169.
(a) If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff no sooner than three court days following the filing of the proof of 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.SEC. 3.
Section 1170 of the Code of Civil Procedure is amended to read:1170.
(a)On or before the day fixed for(b) (1)Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to
strike the complaint or any portion thereof, the time for making the motion shall be not less than three days nor more than seven days after the filing of the notice of motion. For good cause shown, the court may order the hearing held on a later date on notice prescribed by the court. All moving and supporting papers shall be filed not less than three days nor more than seven days before the hearing. Notice of a demurrer or motion to strike shall be given in compliance with this section and Section 1010.6 or 1013.
(2) An opposition and reply to an opposition may be made orally at the time of the hearing. If a party seeks to have a written opposition considered in advance of the hearing, the written opposition shall be filed and served on or before the court day before the hearing. Service shall be by personal delivery, electronic service, fax transmission, express mail, or
other means consistent with Sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later.
