Code Civ. Proc., § 1170 · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases
Code Civ. Proc., § 1170
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint.
(b) (1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint or any portion thereof, the hearing on the motion shall be not less than five court days nor more than seven court days after the filing of the notice of motion. All moving and supporting papers shall accompany the notice of the motion and shall be served in compliance with this section and Section 1010.6 or 1013.
(2) Notwithstanding paragraph (1), the court may order the hearing held on a later date upon the written stipulation of the parties. In the case of a residential tenancy, the court, for good cause shown, may order the hearing held on a later date on notice prescribed by the court. In the case of a commercial tenancy, the court, for good cause shown, may order the hearing held on a later date not to exceed 10 court days after the first date set for a hearing on the motion.
(c) An opposition and reply to an opposition may be made orally at the time of the hearing. If a party seeks to have a written opposition considered in advance of the hearing, the written opposition shall be filed and served on or before the court day before the hearing. Service shall be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later.
Notes and commentary — not statutory text
History
Amended by Stats. 2025, Ch. 299, Sec. 1. (AB 1384) Effective January 1, 2026.
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=1170.
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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
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., § 1010Printed as Sections 1010, 1010.6, 1011, 1012, and 1013
- Code Civ. Proc., § 1010.6Printed as Section 1010.6 or 1013 | Sections 1010, 1010.6, 1011, 1012, and 1013
- Code Civ. Proc., § 1011Printed as Sections 1010, 1010.6, 1011, 1012, and 1013
- Code Civ. Proc., § 1012Printed as Sections 1010, 1010.6, 1011, 1012, and 1013
- Code Civ. Proc., § 1013Printed as Section 1010.6 or 1013 | Sections 1010, 1010.6, 1011, 1012, and 1013
Cited by 2 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1170. Each shows the citation as that text prints it.
Code of Civil Procedure
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