Code Civ. Proc., § 1159 · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases
Code Civ. Proc., § 1159
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Every person is guilty of a forcible entry who either:
(1) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property.
(2) Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.
(b) For purposes of this section, “party in possession” means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
Notes and commentary — not statutory text
History
Amended by Stats. 2018, Ch. 92, Sec. 42. (SB 1289) Effective January 1, 2019.
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=CCP§ionNum=1159.
- Text hash
- sha256 9a58de1eef2b12cab686d8b238713229f1e2e75393c85d3c6b503d5af7f4a1aa
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- 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
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