Served with eviction papers in California? You have 10 court days to respond

How the court part works

What happens after court papers are served, step by step. Each step lists the law or court form it comes from.

1. 1

   Court papers are served

   The Summons and the Complaint start the case. Write down the date and how they reached you: the time to respond counts from when service is complete.

   Forms: SUM-130, UD-100

   Sources

   • Code Civ. Proc. § 1167(a)
2. 2

   Respond in writing within 10 court days

   You are here

   Weekends and court holidays do not count. If the papers were served through the Secretary of State's Safe at Home program, the time is 15 court days.

   The usual response is the Answer (form UD-105). It is filed at the court, and a copy is served on the landlord, or on the landlord's lawyer if there is one, by someone 18 or older who is not part of the case.

   If you cannot pay the filing fee, you can ask the clerk for a fee waiver form.

   Other responses, such as a demurrer, a motion to strike, or a motion to quash service, have hearings within days. Free legal help can explain them.

   An adult who lives there but is not named in the case, and is served a Prejudgment Claim of Right to Possession, has 10 days to file it. Saturdays and Sundays count; other court holidays do not.

   Forms: UD-105, POS-030, FW-001

   Sources

   • Code Civ. Proc. § 1167(a)
   • Code Civ. Proc. § 1167(b)
   • Summons, form SUM-130
   • Code Civ. Proc. § 1015
   • Code Civ. Proc. § 1013a(1)
   • Proof of Service by First-Class Mail, form POS-030
   • Code Civ. Proc. § 1170(a)
   • Code Civ. Proc. § 1170(b)(1)
   • Code Civ. Proc. § 418.10(a)(1)
   • Code Civ. Proc. § 1167.4(a)
   • Code Civ. Proc. § 1174.25(a)(1)

   Only if nothing is filed

   If no response is filed in time

   The court can decide without hearing from you: the clerk can enter a judgment giving the landlord the home and issue the order to remove the tenants right away.

   Sources

   • Summons, form SUM-130
   • Code Civ. Proc. § 1169
3. 3

   A trial date is requested

   After a response is filed, the landlord or you can ask the court to set a trial (form UD-150). The trial is held within 20 days of the request, unless everyone agrees to a later date.

   Forms: UD-150

   Sources

   • Request to Set Case for Trial, form UD-150
   • Code Civ. Proc. § 1170.5(a)
   • Code Civ. Proc. § 1170.5(b)
4. 4

   Trial and judgment

   The court hears both sides and enters a judgment. If it finds for the landlord, the judgment gives the landlord possession of the home and can include the rent it finds due.

   Sources

   • Code Civ. Proc. § 1170.5(a)
   • Code Civ. Proc. § 1174(a)
   • Code Civ. Proc. § 1174(b)
5. 5

   If the landlord wins: the writ and the sheriff

   The court issues a writ of possession when the landlord asks. The sheriff serves it on someone at the home, or posts it there and sends a copy to the tenant.

   Anyone still there 5 days after it is served is removed. Mailing adds no extra days.

   Belongings left behind can be taken back within 15 days after the landlord gets the home, by paying the reasonable cost of storage.

   Until the landlord has the home back, a tenant can ask the court for relief because of hardship. The court grants it only if the rent due is paid.

   Sources

   • Code Civ. Proc. § 1170.5(a)
   • Code Civ. Proc. § 715.020(a)
   • Code Civ. Proc. § 715.020(b)
   • Code Civ. Proc. § 715.020(c)
   • Code Civ. Proc. § 715.010(b)(3)
   • Code Civ. Proc. § 1179