Bill Text: CA SB676 | 2021-2022 | Regular Session | Introduced

California Senate Bill 676 (Prior Session Legislation)

Introduced

Bill Title: Civil actions: forcible entry, forcible detainer, or unlawful detainer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB676 Detail]

Download: California-2021-SB676-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 676

Introduced by Senator Bates

February 19, 2021

An act to amend Sections 1170 and 1170.7 of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL'S DIGEST

SB 676, as introduced, Bates. Civil actions: forcible entry, forcible detainer, or unlawful detainer.

Existing law governs the procedure relating to an action for forcible entry, forcible detainer, or unlawful detainer, and provides for specific timelines regarding the filing of a complaint and the defendant’s response. Existing law authorizes a defendant, on or before the day fixed for the defendant’s appearance, to appear and answer or demur in those specified actions. Existing law authorizes a party to move for summary judgment at any time after the answer is filed upon giving 5 days notice.

This bill would also authorize a defendant to file a motion to strike on or before the day fixed for the defendant’s appearance. The bill would authorize a party to file a motion for summary adjudication in the same manner as a motion for summary judgment.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1170 of the Code of Civil Procedure is amended to read:

1170.

On or before the day fixed for ~~his~~ the defendant’s appearance, the defendant may appear and ~~answer or demur.~~ answer, demur, or file a motion to strike.

SEC. 2.

Section 1170.7 of the Code of Civil Procedure is amended to read:

1170.7.

A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.