Code Civ. Proc., § 1167 · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases
Code Civ. Proc., § 1167
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
(c) Except as otherwise provided in this section, the summons shall be issued and served and returned in the same manner as a summons in a civil action.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 512, Sec. 1. (AB 2347) Effective January 1, 2025.
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=1167.
- Text hash
- sha256 2fc35e0b97a5ee4e3430bfdffbb081a31aecd64cf6879a4c835af8c2bb9cb2a1
- 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
BenchPath cards that rely on this text
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.
Code of Civil Procedure
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.