Eviction lawsuits, also known as unlawful detainers, involuntarily propel California tenants into rapid fire litigation.  Typically, landlords file unlawful detainers to remove a California tenant from their home. Traditionally, tenants had a five (5) day window to respond after being served with an eviction summons & compliant.  However, in 2024, the California Legislature passed and the Governor signed into law, largely in response to the advocacy of the California Rural Legal Assistance Foundation and Western Center on Law and Poverty, a new law expanding the time California tenants have to file a responsive pleading once served.

As previously stated, AB2347 extends the time a California tenant may respond when served with an unlawful detainer summons & complaint.  Prior to the passage of this bill, California tenants had five (5) court days to respond once served with an unlawful detainer summons & complaint.  AB2347 amends California Code of Civil Procedure section 1167 to provide California tenants ten (10) court days to file a responsive pleading once served with the unlawful detainer summons & complaint.  California Code of Civil Procedure § 1167.  This change provides respite to California tenants during a challenging ordeal.

In addition to extending the time frame for California tenants to file a responsive pleading in an eviction action, Assembly Bill 2347 implements additional technical modifications to unlawful detainer litigation.  These modifications encompass, but are not limited to, California Code of Civil Procedure section 1170, which is amended to mandate a hearing on a demurrer or motion to strike within five (5) to seven (7) court days of the California tenant filing the accompanying notice of motion.  California Code of Civil Procedure § 1170(b)(1).  However, the California Superior Court retains the discretion to postpone the hearing.  Furthermore, California tenants must comply with California Code of Civil Procedure section 1010.6 and 1013 (Electronic service or service by mail or fax) for serving the notice and related documents.  Id.  With technical changes seemingly intended to diminish wait times for demurrers or motions to strike, these amendments may potentially alleviate the California Superior Court’s substantial litigation backlog at the expense of providing California tenants with one of the most critical factors during unlawful detainer litigation: time.

Altogether these changes provide California tenants with greater protections when responding to eviction lawsuits and ensures California tenants receive notice of the lawsuit.