Code Civ. Proc., § 1167.4 · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

Code Civ. Proc., § 1167.4

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

Notwithstanding any other provision of law, in any action under this chapter:

(a) Where the defendant files a notice of motion as provided for in subdivision (a) of Section 418.10, the time for making the motion shall be not less than three days nor more than seven days after the filing of the notice.

(b) The service and filing of a notice of motion under subdivision (a) shall extend the defendant’s time to plead until five days after service upon him of the written notice of entry of an order denying his motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 15 days.

Notes and commentary — not statutory text

History

Added by Stats. 1971, Ch. 1332.

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&sectionNum=1167.4.
Text hash: sha256 7a396dbe637c6bda50dc541c96e8a8789d248669cbf79a1e4b0c6b1de71177b4
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.

Code of Civil Procedure

Code Civ. Proc., § 418.10Printed as Section 418.10

Cited by 2 provisions

Provisions in this library whose text cites Code Civ. Proc., § 1167.4. Each shows the citation as that text prints it.

Code of Civil Procedure

Code Civ. Proc., § 1170.9Printed as Section 1167.4, 1170.7, or 1170.8

California Rules of Court

Cal. Rules of Court, rule 3.1327Motions to quash or to stay action in summary proceeding involving possession of real propertyPrinted as Code of Civil Procedure sections 1010.6 or 1013 and 1167.4

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.