Civ. Code, § 1952 · Chapter 2. Hiring of Real Property
Civ. Code, § 1952
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as provided in subdivision (c), nothing in Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, relating to actions for unlawful detainer, forcible entry, and forcible detainer.
(b) Unless the lessor amends the complaint as provided in paragraph (1) of subdivision (a) of Section 1952.3 to state a claim for damages not recoverable in the unlawful detainer proceeding, the bringing of an action under the provisions of Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure does not affect the lessor’s right to bring a separate action for relief under Sections 1951.2, 1951.5, and 1951.8, but no damages shall be recovered in the subsequent action for any detriment for which a claim for damages was made and determined on the merits in the previous action.
(c) After the lessor obtains possession of the property under a judgment pursuant to Section 1174 of the Code of Civil Procedure, he is no longer entitled to the remedy provided under Section 1951.4 unless the lessee obtains relief under Section 1179 of the Code of Civil Procedure.
Notes and commentary — not statutory text
History
Amended by Stats. 1977, Ch. 49.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1952.
- Text hash
- sha256 d9a4c6ceba5fef40ffb3b0fa5db0da583c986d6d2583e95e6bf7f8ad1f890bde
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Code
- Civ. Code, § 1951Printed as Sections 1951 to 1951.8, inclusive
- Civ. Code, § 1951.2Printed as Sections 1951.2, 1951.5, and 1951.8
- Civ. Code, § 1951.4Printed as Section 1951.4
- Civ. Code, § 1951.5Printed as Sections 1951.2, 1951.5, and 1951.8
- Civ. Code, § 1951.8Printed as Sections 1951 to 1951.8, inclusive | Sections 1951.2, 1951.5, and 1951.8
- Civ. Code, § 1952.3Printed as Section 1952.3
Code of Civil Procedure
- Code Civ. Proc., pt. 3, tit. 3, ch. 4Summary Proceedings for Obtaining Possession of Real Property in Certain CasesPrinted as Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure
- Code Civ. Proc., § 1174Printed as Section 1174 of the Code of Civil Procedure
- Code Civ. Proc., § 1179Printed as Section 1179 of the Code of Civil Procedure
Cited by 1 provision
Provisions in this library whose text cites Civ. Code, § 1952. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.