TITLE 3. OF SUMMARY PROCEEDINGS [1132. - 1179a.]

Title 3 enacted 1872.

§§ 1132–1179a · 69 sections

1. CHAPTER 1. Confession of Judgment Without Action § 1132 · 1 section

   • § 1132 (a) A judgment by confession is unenforceable and may not be entered in any superior court. (b) This section does not apply to a judgment by confession…
2. CHAPTER 2. Submitting a Controversy Without Action §§ 1138–1140 · 3 sections

   • § 1138 Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the…
   • § 1139 Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment…
   • § 1140 The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the same court, and is in…
3. CHAPTER 2.5. Judicial Arbitration §§ 1141.10–1141.31 · 22 sections

   • § 1141.10 (a) The Legislature finds and declares that litigation involving small civil cases can be so costly and complex that efficiently resolving these civil cases is…
   • § 1141.11 (a) In each superior court with 18 or more judges, all nonexempt unlimited civil cases shall be submitted to arbitration under this chapter if the amount in…
   • § 1141.12 In all superior courts, the Judicial Council shall provide by rule for a uniform system of arbitration of the following causes: (a) Any cause, regardless of…
   • § 1141.13 This chapter shall not apply to any civil action which includes a prayer for equitable relief, except that if the prayer for equitable relief is frivolous or…
   • § 1141.14 Notwithstanding any other provision of law except the provisions of this chapter, the Judicial Council shall provide by rule for practice and procedure for all…
   • § 1141.15 The Judicial Council rules shall provide exceptions for cause to arbitration pursuant to subdivision (a), (b), or (c) of Section 1141.11. In providing for such…
   • § 1141.16 (a) The determination of the amount in controversy, under subdivision (a) or (b) of Section 1141.11, shall be made by the court and the case referred to…
   • § 1141.17 (a) Submission of an action to arbitration pursuant to this chapter shall not suspend the running of the time periods specified in Chapter 1.5 (commencing with…
   • § 1141.18 (a) Arbitrators shall be retired judges, retired court commissioners who were licensed to practice law prior to their appointment as a commissioner, or members…
   • § 1141.19 Arbitrators approved pursuant to this chapter shall have the powers necessary to perform duties pursuant to this chapter as prescribed by the Judicial Council.
   • § 1141.19.5 In any arbitration proceeding under this chapter, no party may require the production of evidence specified in subdivision (a) of Section 3295 of the Civil…
   • § 1141.20 (a) An arbitration award shall be final unless a request for a de novo trial or a request for dismissal in the form required by the Judicial Council is filed…
   • § 1141.21 (a) (1) If the judgment upon the trial de novo is not more favorable in either the amount of damages awarded or the type of relief granted for the party…
   • § 1141.22 The Judicial Council rules shall specify the grounds upon which the arbitrator or the court, or both, may correct, modify or vacate an award.
   • § 1141.23 The arbitration award shall be in writing, signed by the arbitrator and filed in the court in which the action is pending. If there is no request for a de novo…
   • § 1141.24 In cases ordered to arbitration pursuant to Section 1141.11, no discovery other than that permitted by Chapter 18 (commencing with Section 2034.010) of Title 4…
   • § 1141.25 Any reference to the arbitration proceedings or arbitration award during any subsequent trial shall constitute an irregularity in the proceedings of the trial…
   • § 1141.26 Nothing in this act shall prohibit an arbitration award in excess of the amount in controversy as specified in Section 1141.11. No party electing a trial de…
   • § 1141.27 This chapter shall apply to any civil action otherwise within the scope of this chapter in which a party to the action is a public agency or public entity.
   • § 1141.28 (a) All administrative costs of arbitration, including compensation of arbitrators, shall be paid for by the court in which the arbitration costs are incurred,…
   • § 1141.30 This chapter shall not be construed in derogation of Title 9 (commencing with Section 1280) of Part 3, and, to that extent, this chapter and that title are…
   • § 1141.31 The provisions of this chapter shall become operative July 1, 1979, except that the Judicial Council shall adopt the arbitration rules for practice and…
4. CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases §§ 1159–1179a · 43 sections

   • § 1159 (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…
   • § 1160 (a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of…
   • § 1161 A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter…
   • § 1161.1 With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent: (a) If the amount stated…
   • § 1161.2 (a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as…
   • § 1161.2.5 (a) (1) Except as provided in Section 1161.2, the clerk shall allow access to civil case records for actions seeking recovery of COVID-19 rental debt, as…
   • § 1161.3 (a) For purposes of this section: (1) “Abuse or violence” means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in…
   • § 1161.4 (a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship…
   • § 1161.5 When the notice required by Section 1161 states that the lessor or the landlord may elect to declare the forfeiture of the lease or rental agreement, that…
   • § 1161a (a) As used in this section: (1) “Manufactured home” has the same meaning as provided in Section 18007 of the Health and Safety Code. (2) “Mobilehome” has the…
   • § 1161b (a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time…
   • § 1162 (a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By delivering a…
   • § 1162a In any case in which service or exhibition of a receiver’s or levying officer’s deed is required, in lieu thereof service of a copy or copies of the deed may…
   • § 1164 No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, need be…
   • § 1165 Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proceeding.
   • § 1166 (a) The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint. (2) Set forth the facts on which the…
   • § 1166a (a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured home,…
   • § 1167 (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…
   • § 1167.1 If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.
   • § 1167.3 In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint, answer…
   • § 1167.4 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…
   • § 1167.5 Unless otherwise ordered by the court for good cause shown, no extension of time allowed in any action under this chapter for the causes specified in Section…
   • § 1169 If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of…
   • § 1170 (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)…
   • § 1170.5 (a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to…
   • § 1170.7 A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on…
   • § 1170.8 In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice.
   • § 1170.9 The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any,…
   • § 1171 Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in…
   • § 1172 On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or…
   • § 1173 When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a…
   • § 1174 (a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be in favor of the plaintiff and against the…
   • § 1174.2 (a) In an unlawful detainer proceeding involving residential premises after default in payment of rent and in which the tenant has raised as an affirmative…
   • § 1174.21 A landlord who institutes an unlawful detainer proceeding based upon a tenant’s nonpayment of rent, and who is liable for a violation of Section 1942.4 of the…
   • § 1174.25 (a) (1) Except as provided in paragraph (2), an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may…
   • § 1174.27 (a) This section shall apply to an unlawful detainer proceeding in which all of the following are true: (1) The proceeding involves a residential premises. (2)…
   • § 1174.3 (a) (1) Except as provided in paragraph (2), unless a prejudgment claim of right to possession has been served upon occupants in accordance with Section…
   • § 1174.5 A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from…
   • § 1176 (a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first…
   • § 1177 Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings…
   • § 1178 The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter or with…
   • § 1179 The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has terminated, and…
   • § 1179a In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may…