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Bill > AB1384


CA AB1384

CA AB1384
Summary proceedings for obtaining possession of real property: procedural requirements.


summary

Introduced
02/21/2025
In Committee
06/25/2025
Crossed Over
04/21/2025
Passed
10/03/2025
Dead
Signed/Enacted/Adopted
10/03/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to amend Section 1170 of the Code of Civil Procedure, relating to civil actions.

AI Summary

This bill modifies the procedural requirements for summary proceedings related to obtaining possession of real property, specifically focusing on unlawful detainer actions. Currently, when a defendant files a demurrer or motion to strike a complaint, the hearing must occur between 5 to 7 court days after filing. The bill limits the court's authority to reschedule such hearings, permitting extensions only under specific conditions: when both parties provide a written stipulation, or when good cause is demonstrated. For commercial tenancies, the court can reschedule the hearing, but not beyond 10 court days from the originally set hearing date. The bill maintains existing provisions about filing and serving opposition documents, allowing parties to submit written opposition the court day before the hearing or make oral arguments at the hearing itself. This modification aims to provide more clarity and structure to the legal process for resolving property possession disputes while maintaining flexibility for legitimate scheduling challenges.

Committee Categories

Justice

Sponsors (3)

Last Action

Chaptered by Secretary of State - Chapter 299, Statutes of 2025. (on 10/03/2025)

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