J & N REALTY, INC.

     Statutes & Regulations Pertaining to Rental & Multi-Housing Properties V.  

Code of Civil Procedure 

116.220 Jurisdiction 

(a) The small claims court shall have jurisdiction in the following actions: 

(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed five thousand dollars ($5,000). 

(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed five thousand dollars ($5,000), if the legality of the tax is not contested by the defendant. 

(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed five thousand dollars ($5,000). 

(4) To confirm, correct, or vacate a fee arbitration award not exceeding five thousand dollars ($5,000) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than five thousand dollars ($5,000) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. 

(b) In any action seeking relief authorized by subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages.  The court may issue a conditional judgment.  The court shall retain jurisdiction until full payment and performance of any judgment or order. 

(c) Notwithstanding subdivision (a), the small claims court shall have jurisdiction over a defendant guarantor who is required to respond based upon the default, actions, or omissions of another, only if the demand does not exceed (1) two thousand five hundred dollars ($2,500), or (2) on and after January 1, 2000, four thousand dollars ($4,000), if the defendant guarantor charges a fee for its guarantor or surety services or the defendant guarantor is the Registrar of the Contractors’ State License Board. 

(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver shall not become operative until judgment. 

(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections facility or a Youth Authority facility, the small claims court shall have jurisdiction over a defendant only if the plaintiff has alleged in the complaint that he or she has exhausted his or her administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code.  The final administrative adjudication or determination of the plaintiff’s administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation. 

(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at his or her discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide such proof. 

(g) For purposes of this section, “department” includes an employee of a department against whom a claim has been filed under this chapter arising out of his or her duties as an employee of that department.  (99:982) 

116.221. Small Claims Court; jurisdiction 

In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed seven thousand five hundred dollars ($7,500), except for actions otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.  (2005:618) 

116.222. Enforcement; Debts; Disclosures  

If the action is to enforce the payment of a debt, the statement of calculation of liability shall separately state the original debt, each payment credited to the debt, each fee and charge added to the debt, each payment credited against those fees and charges, all other debits or charges to the account, and an explanation of the nature of those fees, charges, debits, and all other credits to the debt, by source and amount.  (2005:618) 

116.230 Court Fees 

(a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter.  

(b) If the party filing a claim has filed 12 or fewer small claims in the state within the previous 12 months, the filing fee is the following:  

(1) Thirty dollars ($30) if the amount of the demand is one thousand five hundred dollars ($1,500) or less.  

(2) Fifty dollars ($50) if the amount of the demand is more than one thousand five hundred dollars ($1,500) but less than or equal to five thousand dollars ($5,000).  

(3) Seventy-five dollars ($75) if the amount of the demand is more than five thousand dollars ($5,000).  

(c) If the party has filed more than 12 other small claims in the state within the previous 12 months, the filing fee is one hundred dollars ($100).  

(d) (1) If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (2) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is twenty dollars ($20).  (2) If, after having filed a claim and paid the required fee under paragraph (2) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (3) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is twenty-five dollars ($25).  

(3)  If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (3) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is forty-five dollars ($45).  

(4) The additional fees paid under this subdivision are due upon filing.  The court shall not reimburse a party if the party’s claim is amended to demand a lower amount that falls within the range for a filing fee lower than that originally paid.  

(e) Each party filing a claim shall file a declaration with the claim stating whether that party has filed more than 12 other small claims in the state within the last 12 months.  

(f) The clerk of the court shall deposit fees collected under this section into a bank account established for this purpose by the Administrative Office of the Courts and maintained under rules adopted by or trial court financial policies and procedures authorized by the Judicial Council under subdivision (a) of Section 77206 of the Government Code.  The deposits shall be made as required under Section 68085.1 of the Government Code and trial court financial policies and procedures authorized by the Judicial Council.  

(g) (1) The Administrative Office of the Courts shall distribute six dollars ($6) of each thirty-dollar ($30) fee, eight dollars ($8) of each fifty-dollar ($50) fee, ten dollars ($10) of each seventy-five-dollar ($75) fee, and fourteen dollars ($14) of each one hundred-dollar ($100) fee collected under subdivision (b) or (c) to a special account in the county in which the court is located to be used for the small claims advisory services described in Section 116.940, or, if the small claims advisory services are administered by the court, to the court. The Administrative Office of the Courts shall also distribute two dollars ($2) of each seventy-five-dollar ($75) fee collected under subdivision (b) to the law library fund in the county in which the court is located.  

(2)  From the fees collected under subdivision (d), the Administrative Office of the Courts shall distribute two dollars ($2) to the law library fund in the county in which the court is located, and three dollars ($3) to the small claims advisory services described in Section 116.940, or, if the small claims advisory services are administered by the court, to the court.  

(4) Records of these moneys shall be available from the Administrative Office of the Courts for inspection by the public on request.  

(5) Nothing in this section precludes the court or county from contracting with a third party to provide small claims advisory services as described in Section 116.940.  

(h) The remainder of the fees collected under subdivisions (b), (c), and (d) shall be transmitted monthly to the Controller for deposit in the Trial Court Trust Fund.  

(i) All money distributed under this section to be used for small claims advisory services shall be used only for providing those services as described in Section 116.940.  Nothing in this section shall preclude the county or the court from procuring other funding to comply with the requirements of Section 116.940.  (2007:738) 

116.231 Limitation on number of actions filed each year; demand amount; exceptions 

(a) Except as provided in subdivision (d), no person may file more than two small claims actions in which the amount demanded exceeds two thousand five hundred dollars ($2,500), anywhere in the state in any calendar year. 

(b) Except as provided in subdivision (d), if the amount demanded in any small claims action exceeds two thousand five hundred dollars ($2,500), the party making the demand shall file a declaration under penalty of perjury attesting to the fact that not more than two small claims actions in which the amount of the demand exceeded two thousand five hundred dollars ($2,500) have been filed by that party in this state within the calendar year. 

(c) The Legislature finds and declares that the pilot project conducted under the authority of Chapter 1196 of the Statutes of 1991 demonstrated the efficacy of the removal of the limitation on the number of actions public entities may file in the small claims courts on claims exceeding two thousand five hundred dollars ($2,500). 

(d) The limitation on the number of filings exceeding two thousand five hundred dollars ($2,500) does not apply to filings where the claim does not exceed five thousand dollars ($5,000) that are filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity.  If any small claims action is filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity pursuant to this section, and the defendant informs the court either in advance of the hearing by written notice or at the time of the hearing, that he or she is represented in the action by legal counsel, the action shall be transferred out of the small claims division.  A city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity may not file a claim within the small claims division if the amount of the demand exceeds five thousand dollars ($5,000).  (98:931) 

116.232. Small Claims; fees 

A fee of ten dollars ($10) shall be charged and collected from the plaintiff for each defendant to whom the court clerk mails a copy of the claim under Section 116.340.  This fee shall be distributed to the court in which it was collected.  (2005:75) 

116.530 Small Claims Actions; use of attorney 

(a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. 

(b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: 

(1) By or against himself or herself. 

(2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. 

(3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys. 

(c) Nothing in this section shall prevent an attorney from doing any of the following: 

(1) Providing advice to a party to a small claims action, either before or after the commencement of the action. 

(2) Testifying to facts of which he or she has personal knowledge and about which he or she is competent to testify. 

(3) Representing a party in an appeal to the superior court. 

(4) Representing a party in connection with the enforcement of a judgment.  (2003:449) 

116.531 Experts; assistance; testimony 

Nothing in this article shall prevent a representative of an insurer or other expert in the matter before the small claims court from rendering assistance to a party in the litigation except during the conduct of the hearing, either before or after the commencement of the action, unless otherwise prohibited by law; nor shall anything in this article prevent those individuals from testifying to facts of which they have personal knowledge and about which they are competent to testify.  (90:1683) 

116.540 Appearance by person other than plaintiff or defendant; personal appearance by plaintiff or defendant 

(a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action.  

(b) Except as additionally provided in subdivision (i), a corporation may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court.  

(c) A party who is not a corporation or a natural person may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, or in the case of a partnership, a partner, engaged for purposes other than solely representing the party in small claims court.  

(d) If a party is an individual doing business as a sole proprietorship, the party may appear and participate in a small claims action by a representative and without personally appearing if both of the following conditions are met:  

(1) The claim can be proved or disputed by evidence of an account that constitutes a business record as defined in Section 1271 of the Evidence Code, and there is no other issue of fact in the case.  

(2) The representative is a regular employee of the party for purposes other than solely representing the party in small claims actions and is qualified to testify to the identity and mode of preparation of the business record.  

(e) A plaintiff is not required to personally appear, and may submit declarations to serve as evidence supporting his or her claim or allow another individual to appear and participate on his or her behalf, if (1) the plaintiff is serving on active duty in the United States Armed Forces outside this state, (2) the plaintiff was assigned to his or her duty station after his or her claim arose, (3) the assignment is for more than six months, (4) the representative is serving without compensation, and (5) the representative has appeared in small claims actions on behalf of others no more than four times during the calendar year. The defendant may file a claim in the same action in an amount not to exceed the jurisdictional limits stated in Sections 116.220 and 116.231.  

(f) A party incarcerated in a county jail, a Department of Corrections facility, or a Youth Authority facility is not required to personally appear, and may submit declarations to serve as evidence supporting his or her claim, or may authorize another individual to appear and participate on his or her behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year.  

(g) A defendant who is a nonresident owner of real property may defend against a claim relating to that property without personally appearing by (1) submitting written declarations to serve as evidence supporting his or her defense, (2) allowing another individual to appear and participate on his or her behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year, or (3) taking the action described in both (1) and (2).  

(h) A party who is an owner of rental real property may appear and participate in a small claims action through a property agent under contract with the owner to manage the rental of that property, if (1) the owner has retained the property agent principally to manage the rental of that property and not principally to represent the owner in small claims court, and (2) the claim relates to the rental property.  

(i) A party that is an association created to manage a common interest development, as defined in Section 1351 of the Civil Code, may appear and participate in a small claims action through an agent, a management company representative, or bookkeeper who appears on behalf of that association.  

(j) At the hearing of a small claims action, the court shall require any individual who is appearing as a representative of a party under subdivisions (b) to (i), inclusive, to file a declaration stating (1) that the individual is authorized to appear for the party, and (2) the basis for that authorization.  If the representative is appearing under subdivision (b), (c), (d), (h), or (i), the declaration also shall state that the individual is not employed solely to represent the party in small claims court.  If the representative is appearing under subdivision (e), (f), or (g), the declaration also shall state that the representative is serving without compensation, and has appeared in small claims actions on behalf of others no more than four times during the calendar year.  

(k) A husband or wife who sues or who is sued with his or her spouse may appear and participate on behalf of his or her spouse if (1) the claim is a joint claim, (2) the represented spouse has given his or her consent, and (3) the court determines that the interests of justice would be served.  

(l) If the court determines that a party cannot properly present his or her claim or defense and needs assistance, the court may in its discretion allow another individual to assist that party.  

(m) Nothing in this section shall operate or be construed to authorize an attorney to participate in a small claims action except as expressly provided in Section 116.530.  (2005:452) 

116.610 Damages; equitable relief; several judgment; costs; entry of judgment 

(a) The small claims court shall give judgment for damages, or equitable relief, or both damages and equitable relief, within the jurisdictional limits stated in Sections 116.220 and 116.231, and may make any orders as to time of payment or otherwise as the court deems just and equitable for the resolution of the dispute.  

(b) The court may, at its discretion or on request of any party, continue the matter to a later date in order to permit and encourage the parties to attempt resolution by informal or alternative means.  

(c) The judgment shall include a determination whether the judgment resulted from a motor vehicle accident on a California highway caused by the defendant’s operation of a motor vehicle, or by the operation by some other individual, of a motor vehicle registered in the defendant’s name.  

(d) If the defendant has filed a claim against the plaintiff, or if the judgment is against two or more defendants, the judgment, and the statement of decision if one is rendered, shall specify the basis for and the character and amount of the liability of each of the parties, including, in the case of multiple judgment debtors, whether the liability of each is joint or several.  

(e) If specific property is referred to in the judgment, whether it be personal or real, tangible or intangible, the property shall be identified with sufficient detail to permit efficient implementation or enforcement of the judgment.  

(f) In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.  

(g) (1) The prevailing party is entitled to the costs of the action, including the costs of serving the order for the appearance of the defendant.  

(2) Notwithstanding paragraph (1) of this subdivision and subdivision (b) of Section 1032, the amount of the small claims court fee paid by a party pursuant to subdivision (c) of Section 116.230 that exceeds the amount that would have been paid if the party had paid the fee pursuant to subdivision (b) of Section 116.230 shall not be recoverable as costs.  

(h) When the court renders judgment, the clerk shall promptly deliver or mail notice of entry of the judgment to the parties, and shall execute a certificate of personal delivery or mailing and place it in the file.  

(i) The notice of entry of judgment shall be on a form approved or adopted by the Judicial Council.  (2005:618) 

116.710 Right to appeal 

(a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the hearing may file a motion to vacate the judgment in accordance with Section 116.720. 

(b) The defendant with respect to the plaintiff’s claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court in the county in which the action was heard. 

(c) With respect to the plaintiff’s claim, the insurer of the defendant may appeal the judgment to the superior court in the county in which the matter was heard if the judgment exceeds two thousand five hundred dollars ($2,500) and the insurer stipulates that its policy with the defendant covers the matter to which the judgment applies. 

(d) A defendant who did not appear at the hearing has no right to appeal the judgment, but may file a motion to vacate the judgment in accordance with Section 116.730 or 116.740 and also may appeal the denial of that motion.  (90:1683) 

116.770 Hearing de novo 

(a) The appeal to the superior court shall consist of a new hearing.                                   

(b) The hearing on an appeal to the superior court shall be conducted informally.  The pretrial discovery procedures described in subdivision (a) of Section 2019 are not permitted, no party has a right to a trial by jury, and no tentative decision or statement of decision is required.  (92:8) 

116.790 Attorney’s fees 

If the superior court finds that the appeal was without substantial merit and not based upon good faith, but was intended to harass or delay the plaintiff, or encourage the plaintiff to abandon his or her claim, the court may award the plaintiff attorney’s fees of up to, but not exceeding, one thousand dollars ($1,000), following a hearing on the matter.  (91:915) 

415.45 Service by posting and mailing in unlawful detainer actions 

(a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified in this article other than publication and that: 

(1) A cause of action exists against the party upon whom service is to be made or he is a necessary or proper party to the action; or 

(2) The party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding such party from any interest in such property. 

(b) The court shall order the summons to be posted on the premises in a manner most likely to give actual notice to the party to be served and direct that a copy of the summons and of the complaint be forthwith sent by certified mail to such party at his last known address. 

(c) Service of summons in this manner is deemed complete on the 10th day after posting and mailing. 

(d) Notwithstanding an order for posting of the summons, a summons may be served in any other manner authorized by this article, except publication, in which event such service shall supersede any posted summons.  (78:625) 

415.46 Prejudgment claim of right to possession 

(a) In addition to the service of a summons and complaint in an action for unlawful detainer upon a resident and sub-resident, if any, as prescribed by this article, a prejudgment claim of right to possession may also be served on any person who appears to be or who may claim to have occupied the premises at the time of the filing of the action. 

Service upon occupants shall be made pursuant to subdivision (c) by serving a copy of the prejudgment claim of right to possession, as specified in subdivision (f), attached to a copy of the summons and complaint at the same time service is made upon the resident and sub-resident, if any. 

(b) Service of the prejudgment claim of right to possession in this manner shall be effected by a marshal, sheriff, or registered process server. 

(c) When serving the summons and complaint upon a resident and sub-resident, if any, the marshal, sheriff, or registered process server shall make a reasonably diligent effort to ascertain whether there are other adult occupants on the premises who are not named in the summons and complaint by inquiring of the person or persons who are being personally served, or any person of suitable age and discretion who appears to reside upon the premises, whether there are other occupants on the premises. 

If the identity of such an occupant is disclosed to the officer or process server and the occupant is present at the premises, the officer or process server shall serve that occupant with a copy of the prejudgment claim of right to possession attached to a copy of the summons and complaint. 

If personal service cannot be made upon that occupant at that time, service may be effected by: 

(1) leaving a copy of the prejudgment claim of right to possession attached to a copy of the summons and complaint addressed to that occupant with a person of suitable age and discretion at the premises,  

(2) affixing the same so it is not readily removable in a conspicuous place on the premises in a manner most likely to give actual notice to that occupant, and, 

(3) sending the same addressed to that occupant by first class mail. 

In addition to the service on an identified occupant, or if no occupant is disclosed to the officer or process server, or if substituted service is made upon the resident and sub-resident, if any, the officer or process server shall serve a prejudgment claim of right to possession for all other persons who may claim to occupy the premises at the time of the filing of the action by: 

(1) leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint at the premises at the same time service is made upon the resident and sub-resident, if any,  

(2) affixing the same so that it is not readily removable in a conspicuous place on the premises so that it is likely to give actual notice to an occupant, and,  

(3) sending the same addressed to “all occupants in care of the named resident” to the premises by first class mail. 

The person serving process shall state the date of service on the prejudgment claim of right to possession form.  However, the absence of the date of service on the prejudgment claim of right to possession does not invalidate the claim. 

(d) Proof of service under this section shall be filed with the court and shall include a statement that service was made pursuant to this section.  Service on occupants in accordance with this section shall not alter or affect service upon the resident or sub-resident, if any. 

(e) If an owner or his or her agent has directed and obtained service of a prejudgment claim of right to possession in accordance with this section, no occupant of the premises may object to the enforcement of that judgment for possession as prescribed in Section 1174.3. 

(f) The prejudgment claim of right to possession shall be made on the form on pages 529 and 530. 

Note:  The requirement of registered mail has been changed to first class mail.  A registered process server, marshal or sheriff must perform the service to occupants outlined in this section.  Compliance with this new section will prohibit any post judgment claims of right to possession or “Arrieta” claims and thus allow the property owner to enforce his or her judgment for possession against anyone and everyone in the unit.  (91:57) 

415.47 Service on resident in unlawful detainer actions 

(a) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, postage prepaid, addressed to the lessee at the address stated in the lessee’s notice of intent not to abandon if such summons is deposited in the mail within 60 days from the date the lessee’s notice of intent not to abandon is received by the lessor. Service in this manner is deemed completed on the 10th day after such mailing. 

(b) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, but failed to include in such notice an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, postage prepaid, addressed to the lessee at: 

(1) the same address or addresses to which the lessor’s notice of belief of abandonment was addressed if that notice was given by mail or, 

(2) the address of the real property if the lessor’s notice of belief of abandonment was personally served on the lessee.  Service may not be made pursuant to this subdivision unless the summons is deposited in the mail within 60 days from the date the lessee’s notice of intent not to abandon is received by the lessor. 

Service in the manner authorized by this subdivision is deemed completed on the 10th day after such mailing. 

(c) This section provides an alternative method of service on the lessee and does not preclude service in any other manner authorized by this chapter.  (74:332) 

415.50 Service of Summons; Publication                         

(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: 

(1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. 

(2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. 

(b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served.  If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party.  The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons.  Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period. 

(c) Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code. 

(d) Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons. 

(e) As a condition of establishing that the party to be served cannot with reasonable diligence be served in another manner specified in this article, the court may not require that a search be conducted of public databases where access by a registered process server to residential addresses is prohibited by law or by published policy of the agency providing the database, including, but not limited to, voter registration rolls and records of the Department of Motor Vehicles.  (2003:449) 

482.110 Estimate of costs and attorney fees; application for right to attach order and writ 

(a) The plaintiff’s application for a right to attach order and a writ of attachment pursuant to this title may include an estimate of the costs and allowable attorney’s fees. 

(b) In the discretion of the court, the amount to be secured by the attachment may include an estimated amount for costs and allowable attorney’s fees. 

Note:  Section 482.110 makes clear that, upon the plaintiff’s application therefor, the “amount to be secured by the attachment” may include costs and attorney’s fees, in the court’s discretion.  (76:437)  

483.010 Claims subject to attachment; minimum amount; secured claims; claims against natural persons; other relief 

(a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of costs, interest, and attorney’s fees. 

(b) An attachment may not be issued on a claim which is secured by any interest in real property arising from agreement, statute, or other rule of law (including any mortgage or deed of trust of realty and any statutory, common law, or equitable lien on real property, but excluding any security interest in fixtures subject to Division 9 (commencing with Section 9101) of the Commercial Code).  However, an attachment may be issued where the claim was originally so secured but, without any act of the plaintiff or the person to whom the security was given, the security has become valueless or has decreased in value to less than the amount then owing on the claim, in which event the amount to be secured by the attachment shall not exceed the lesser of the amount of the decrease or the difference between the value of the security and the amount then owing on the claim. 

(c) If the action is against a defendant who is a natural person, an attachment may be issued only on a claim which arises out of the conduct by the defendant of a trade, business, or profession.  An attachment may not be issued on a claim against a defendant who is a natural person if the claim is based on the sale or lease of property, a license to use property, the furnishing of services, or the loan of money where the property sold or leased, or licensed for use, the services furnished, or the money loaned was used by the defendant primarily for personal, family, or household purposes. 

(d) An attachment may be issued pursuant to this section whether or not other forms of relief are demanded.  (97:222) 

483.012 Actions to foreclose motgages or deeds of trust; pursuit of remedies 

Subject to the restrictions of Sections 580b and 580d, in an action to foreclose a mortgage or deed of trust on real property or an estate for years therein, pursuit of any remedy provided by this title shall not constitute an action for the recovery of a debt for purposes of subdivision (a) of Section 726 or a failure to comply with any other statutory or judicial requirement to proceed first against security.  (97:222) 

483.015 Amount to be secured by attachment 

(a) Subject to subdivision (b) and to Section 483.020, the amount to be secured by an attachment is the sum of the following: 

(1) The amount of the defendant’s indebtedness claimed by the plaintiff. 

(2) Any additional amount included by the court under Section 482.110. 

(b) The amount described in subdivision (a) shall be reduced by the sum of the following: 

(1) The amount of any money judgment in favor of the defendant and against the plaintiff that remains unsatisfied and is enforceable. 

(2) The amount of any indebtedness of the plaintiff that the defendant has claimed in a cross-complaint filed in the action if the defendant’s claim is one upon which an attachment could be issued. 

(3) The amount of any claim of the defendant asserted as a defense in the answer pursuant to Section 431.70 if the defendant’s claim is one upon which an attachment could be issued had an action been brought on the claim when it was not barred by the statute of limitations. 

(4) The value of any security interest in the property of the defendant held by the plaintiff to secure the defendant’s indebtedness claimed by the plaintiff, together with the amount by which the value of the security interest has decreased due to the act of the plaintiff or a prior holder of the security interest.  (97:222) 

483.020 Unlawful detainer proceedings; amount to be secured 

(a) Subject to subdivisions (d) and (e), the amount to be secured by the attachment in an unlawful detainer proceeding is the sum of the following: 

(1) The amount of the rent due and unpaid as of the date of filing the complaint in the unlawful detainer proceeding. 

(2) Any additional amount included by the court under subdivision (c). 

(3) Any additional amount included by the court under Section 482.110. 

(b) In an unlawful detainer proceeding, the plaintiff’s application for a right to attach order and a writ of attachment pursuant to this title may include (in addition to the rent due and unpaid as of the date of the filing of the complaint and any additional estimated amount authorized by Section 482.110) an amount equal to the rent for the period from the date the complaint is filed until the estimated date of judgment or such earlier estimated date as possession has been or is likely to be delivered to the plaintiff, such amount to be computed at the rate provided in the lease. 

(c) The amount to be secured by the attachment in the unlawful detainer proceeding may, in the discretion of the court, include an additional amount equal to the amount of rent for the period from the date the complaint is filed until the estimated date of judgment or such earlier estimated date as possession has been or is likely to be delivered to the plaintiff, such amount to be computed at the rate provided in the lease. 

(d) Except as provided in subdivision (e), the amount to be secured by the attachment as otherwise determined under this section shall be reduced by the amounts described in subdivision (b) of Section 483.015. 

(e) Where the plaintiff has received a payment or holds a deposit to secure (1) the payment of rent and the performance of other obligations under the lease or (2) only the performance of other obligations under the lease, the amount of the payment or deposit shall not be subtracted in determining the amount to be secured by the attachment.  (97:222) 

568.2 Notifications; substandard conditions; filings 

(a) A receiver of real property containing rental housing shall notify the court of the existence of any order or notice to correct any substandard or unsafe condition, as defined in Section 17920.3 or 17920.10 of the Health and Safety Code, with which the receiver cannot comply within the time provided by the order or notice.  

(b) The notice shall be filed within 30 days after the receiver’s appointment or, if the substandard condition occurs subsequently, within 15 days of its occurrence.  

(c) The notice shall inform the court of all of the following:  

(1) The substandard conditions that exist.  

(2) The threat or danger that the substandard conditions pose to any occupant of the property or the public.  

(3) The approximate cost and time involved in abating the conditions.  If more time is needed to approximate the cost, then the notice shall provide the date on which the approximate cost will be filed with the court and that date shall be within 10 days of the filing.  

(4) Whether the receivership estate is likely to contain sufficient funds to abate the conditions.  

(d) If the receivership estate does not contain sufficient funds to abate the conditions, the receiver shall request further instructions or orders from the court.  

(e) The court, upon receipt of a notice pursuant to subdivision (d), shall consider appropriate orders or instructions to enable the receiver to correct the substandard conditions or to terminate or limit the period of receivership.  (2005:595) 

568.3    Motions; receivership; conditions 

Any tenant of real property that is subject to receivership, a tenant association or organization, or any federal, state, or local enforcement agency, may file a motion in a receivership action for the purpose of seeking further instructions or orders from the court, if either of the following is true:  

(a) Substandard conditions exist, as defined by Section 17920.3 or 17920.10 of the Health and Safety Code.  

(b) A dispute or controversy exists concerning the powers or duties of the receiver affecting a tenant or the public.  (2005:595) 

699.080 Process servers; writs of execution        

(a) A registered process server may levy under a writ of execution on the following types of property:  

(1) Real property, pursuant to Section 700.015.  

(2) Growing crops, timber to be cut, or minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, pursuant to Section 700.020.  

(3) Personal property in the custody of a levying officer, pursuant to Section 700.050.  

(4) Personal property used as a dwelling, pursuant to subdivision (a) of Section 700.080.  

(5) Deposit accounts, pursuant to Section 700.140.  

(6) Property in a safe-deposit box, pursuant to Section 700.150.  

(7) Accounts receivable or general intangibles, pursuant to Section 700.170.  

(8) Final money judgments, pursuant to Section 700.190.  

(9) Interest of a judgment debtor in personal property in the estate of a decedent, pursuant to Section 700.200.  

(b) Before levying under the writ of execution, the registered process server shall deposit a copy of the writ with the levying officer and pay the fee provided by Section 26721 of the Government Code.  

(c) If a registered process server levies on property pursuant to subdivision (a), the registered process server shall do both of the following:  

(1) Comply with the applicable levy, posting, and service provisions of Article 4 (commencing with Section 700.010).  

(2) Request any third person served to give a garnishee’s memorandum to the levying officer in compliance with Section 701.030 on a form provided by the registered process server.  

(d) Within five court days after levy under this section, all of the following shall be filed with the levying officer 

(1) The writ of execution.  

(2) A proof of service by the registered process server stating the manner of levy performed.  

(3) Proof of service of the copy of the writ and notice of levy on other persons, as required by Article 4 (commencing with Section 700.010).  

(4) Instructions in writing, as required by the provisions of Section 687.010.  

(e) If the fee provided by Section 26721 of the Government Code has been paid, the levying officer shall perform all other duties under the writ as if the levying officer had levied under the writ and shall return the writ to the court.  If the registered process server does not comply with subdivisions (b) and (d), the levy is ineffective and the levying officer is not required to perform any duties under the writ and may issue a release for any property sought to be levied upon.  

(f) The fee for services of a registered process server under this section shall be allowed as a recoverable cost pursuant to Section 1033.5.  

(g) A registered process server may levy more than once under the same writ of execution, provided that the writ is still valid.  (2007:15) 

706.108 Process servers; earnings withholding order        

(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issuance of an earnings withholding order to a registered process server who may then issue an earnings withholding order. 

(b) If the registered process server has issued the earnings withholding order, the registered process server, before serving the earnings withholding order, shall deposit with the levying officer a copy of the writ of execution, the application for issuance of an earnings withholding order, and a copy of the earnings withholding order, and shall pay the fee provided by Section 26750 of the Government Code. 

(c) A registered process server may serve an earnings withholding order on an employer whether the earnings withholding order was issued by a levying officer or by a registered process server, but no earnings withholding order may be served after the time specified in subdivision (b) of Section 699.530.  In performing this function, the registered process server shall serve upon the designated employer all of the following: 

(1) The original and one copy of the earnings withholding order. 

(2) The form for the employer’s return. 

(3) The notice to the employee of the earnings withholding order. 

(4) A copy of the employer’s instructions referred to in Section 706.127, except as otherwise prescribed in rules adopted by the Judicial Council. 

(d) Within five court days after service under this section, all of the following shall be filed with the levying officer: 

(1) The writ of execution, if it is not already in the hands of the levying officer. 

(2) Proof of service on the employer of the papers listed in subdivision (c). 

(3) Instructions in writing, as required by the provisions of Section 687.010. 

(e) If the fee provided by Section 26750 of the Government Code has been paid, the levying officer shall perform all other duties required by this chapter as if the levying officer had served the earnings withholding order.  If the registered process server does not comply with subdivisions (b), where applicable, and (d), the service of the earnings withholding order is ineffective and the levying officer is not required to perform any duties under the order and may terminate the order and may release any withheld earnings to the judgment debtor. 

(f) The fee for services of a registered process server under this section shall be allowed as a recoverable cost pursuant to Section 1033.5.  (2009:54) 

712.010 Issuance of writ of possession or sale 

After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced.  The application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed. 

A separate writ shall be issued for each county where the judgment is to be enforced.  Writs may be issued successively until the judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned.  (88:1405) 

712.020 Contents of Writ 

A writ of possession or sale issued pursuant to this division shall require the levying officer to whom it is directed to enforce the judgment and shall include the following information:   

(a) The date of issuance of the writ. 

(b) The title of the court where the judgment for possession or sale is entered and the cause and number of the action. 

(c) The name and address of the creditor and the name and last known address of the judgment debtor.    

(d) The date the judgment was entered, and the date of any subsequent renewals, and where entered in the records of the court. 

(e) If the judgment for possession or sale includes a money judgment, the amount required to satisfy the money judgment on the date the writ is issued and the amount of interest accruing daily on the principal amount of the judgment from the date the writ is issued may be included on the writ at the option of the creditor.      

(f) Whether any person has requested notice of sale under the judgment and, if so, the name and address of such person.      

(g) Any other information required to be included in the particular writ.  (93:926) 

715.010 Writ of possession of real property; application; contents; service 

(a) A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010.  The application for the writ shall provide a place to indicate that the writ applies to all tenants, subtenants, if any, name of claimants, if any, and any other occupants of the premises.  

(b) In addition to the information required by Section 712.020, the writ of possession of real property shall contain the following: 

(1) A description of the real property, possession of which is to be delivered to the judgment creditor in satisfaction of the judgment. 

(2) A statement that if the real property is not vacated within five days from the date of service of a copy of the writ on the occupant or, if the copy of the writ is posted, within five days from the date a copy of the writ is served on the judgment debtor, the levying officer will remove the occupants from the real property and place the judgment creditor in possession. 

(3) A statement that any personal property, except a mobilehome, remaining on the real property after the judgment creditor has been placed in possession will be sold or otherwise disposed of in accordance with Section 1174 unless the judgment debtor or other owner pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditor takes possession of the real property. 

(4) The date the complaint was filed in the action that resulted in the judgment of possession. 

(5) The date or dates on which the court will hear objections to enforcement of a judgment of possession that are filed pursuant to Section 1174.3, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46. 

(6) The daily rental value of the property as of the date the complaint for unlawful detainer was filed unless a summons, complaint, and prejudgment claim of right of possession were served upon the occupants in accordance with Section 415.46. 

(7) If a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46, a statement that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. 

(c) At the time the writ of possession is served or posted, the levying officer shall also serve or post a copy of the form for a claim of right to possession, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46.  (2004:183) 

715.050 Writ of possession; enforcement without delay; exception for mobilehomes or manufactured homes  

Except with respect to enforcement of a judgment for money, a writ of possession issued pursuant to a judgment for possession in an unlawful detainer action shall be enforced pursuant to this chapter without delay, notwithstanding receipt of notice of the filing by the defendant of a bankruptcy proceeding. 

This section does not apply to a writ of possession issued for possession of a mobilehome or manufactured home, as those terms are defined in subdivision (a) of Section 1161a, and does not apply to a writ of possession issued for possession of real property in a mobilehome park subject to the Mobilehome Residency Law (Chapter 1.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), or to a manufactured housing community, as defined in Section 18801 of the Health and Safety Code. (94:898) 

1013 Service by Mail; Express Mail; Facsimile 

(a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party’s place of residence. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.  

(b) The copy of the notice or other paper served by mail pursuant to this chapter shall bear a notation of the date and place of mailing or be accompanied by an unsigned copy of the affidavit or certificate of mailing.  

(c) In case of service by Express Mail, the notice or other paper must be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service for receipt of Express Mail, in a sealed envelope, with Express Mail postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by Express Mail; otherwise at that party’s place of residence. In case of service by another method of delivery providing for overnight delivery, the notice or other paper must be deposited in a box or other facility regularly maintained by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service; otherwise at that party’ s place of residence. The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document served by Express Mail or other method of delivery providing for overnight delivery shall be extended by two court days, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.  

(d) The copy of the notice or other paper served by Express Mail or another means of delivery providing for overnight delivery pursuant to this chapter shall bear a notation of the date and place of deposit or be accompanied by an unsigned copy of the affidavit or certificate of deposit.  

(e) Service by facsimile transmission shall be permitted only where the parties agree and a written confirmation of that agreement is made.  The Judicial Council may adopt rules implementing the service of documents by facsimile transmission and may provide a form for the confirmation of the agreement required by this subdivision.  In case of service by facsimile transmission, the notice or other paper must be transmitted to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he or she has filed in the cause and served on the party making the service.  The service is complete at the time of transmission, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended, after service by facsimile transmission, by two court days, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.  

(f) The copy of the notice or other paper served by facsimile transmission pursuant to this chapter shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted or be accompanied by an unsigned copy of the affidavit or certificate of transmission which shall contain the facsimile telephone number to which the notice or other paper was transmitted.  

(g) Subdivisions (b), (d), and (f) are directory.  (2001:812) 

1094.6  Judicial review; decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution 

(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. 

(b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. 

If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced.  If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing. 

If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. 

If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ.  Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed. 

(c) The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent who made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor.               

The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record.  Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case. 

(d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b), the time within which to petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one. 

(e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance. 

(f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. 

As used in this subdivision, “party” means an officer or employee who has been suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. 

(g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law that provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.  (95:898) 

1159 Forcible entry defined 

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 circumstance of terror enters upon or into any real property; or, 

(2) Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession. 

The “party in possession” means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.  (76:712) 

1160 Forcible detainer defined 

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 any real property, whether the same was acquired peaceably or otherwise; or, 

(2) Who, in the nighttime, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant. 

The occupant of real property, within the meaning of this subdivision, is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands.  (Enacted 1872) 

1161 Unlawful detainer defined 

A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer: 

1. When he or she continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him or her; provided the expiration is of a nondefault nature however brought about without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code. 

2. When he or she continues in possession, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, in writing, requiring its payment, stating the amount which is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon him or her and if there is a subtenant in actual occupation of the premises, also upon the subtenant. 

The notice may be served at any time within one year after the rent becomes due.  In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his or her landlord, if applicable, he or she shall be deemed to be holding by permission of the landlord or successor in estate of his or her landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year. 

3. When he or she continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him or her, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his or her subtenant, demanding the performance of the violated conditions or covenants of the lease. 

A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of his or her unlawful detention of the premises underlet to him or her or held by him or her. 

4. Any tenant, subtenant, or executor or administrator of his or her estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of his or her lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or his or her successor in estate, shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.  For purposes of this subdivision, if a person commits an act of domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 261, 261.5, 262, 286, 288a, or 289 of the Penal Code, or stalking as defined in Section 1708.7 of the Civil Code, against another tenant or subtenant on the premises there is a rebuttable presumption affecting the burden of proof that the person has committed a nuisance upon the premises, provided, however, that this shall not apply if the victim of the act of domestic violence, sexual assault, or stalking, or a household member of the victim, other than the perpetrator, has not vacated the premises. This subdivision shall not be construed to supersede the provisions of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162) that permit the removal from a lease of a tenant who engages in criminal acts of physical violence against cotenants. 

5. When he or she gives written notice as provided in Section 1946 of the Civil Code of his or her intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of his or her landlord, or the successor in estate of the landlord, if applicable. 

As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code. 

This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.  (2009:244) 

1161a Removal of person holding over after notice of sale of property 

(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 same meaning as provided in Section 18008 of the Health and Safety Code. 

(b) In any of the following cases, a person who holds over and continues in possession of a manufactured home, mobilehome, or real property after a three-day written notice to quit the property has been served upon the person, or if there is a sub-resident in actual occupation of the premises, also upon such sub-resident, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter: 

(1) Where the property has been sold pursuant to a writ of execution against such person, or a person under whom such person claims, and the title under the sale has been duly perfected. 

(2) Where the property has been sold pursuant to a writ of sale, upon the foreclosure by proceedings taken as prescribed in this code of a mortgage, or under an express power of sale contained therein, executed by such person, or a person under whom such person claims, and the title under the foreclosure has been duly perfected. 

(3) Where the property has been sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected. 

(4) Where the property has been sold by such person, or a person under whom such person claims, and the title under the sale has been duly perfected. 

(5) Where the property has been sold in accordance with Section 18037.5 of the Health and Safety Code under the default provisions of a conditional sale contract or security agreement executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected. 

(c) Notwithstanding the provisions of subdivision (b), a resident or sub-resident in possession of a rental housing unit which has been sold by reason of any of the causes enumerated in subdivision (b), who rents or leases the rental housing unit either on a periodic basis from week to week, month to month, or other interval, or for a fixed period of time, shall be given written notice to quit pursuant to Section 1162, at least as long as the term of hiring itself but not exceeding 30 days, before the resident or sub-resident may be removed therefrom as prescribed in this chapter. 

(d) For the purpose of subdivision (c), “rental housing unit” means any structure or any part thereof which is rented or offered for rent for residential occupancy in this state. 

Note:  Residents (other than the previous owner) remaining after property is sold or foreclosed are entitled to 30-days’ notice to vacate or a notice at least as long as the interval between rent payments.  (91:942) 

1161b Foreclosure; Sixty-Day Written Notice to Tenants 

(a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit at the time the property is sold in foreclosure shall be given 60 days’ written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter.  

(b) This section shall not apply if any party to the note remains in the property as a tenant, subtenant, or occupant.  

(c) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.  (2008:69) 

1161.2  Case court records; public access; defendant notice; filing fee; municipal court exemption; Judicial Council examination; mobilehome park tenancy 

(a) The clerk may allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows:  

(1) To a party to the action, including a party’s attorney.  

(2) To any person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any.  

(3) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency.  

(4) To any person by order of the court, which may be granted ex parte, on a showing of good cause.  

(5) To any other person 60 days after the complaint has been filed, unless a defendant prevails in the action within 60 days of the filing of the complaint, in which case the clerk may not allow access to any court records in the action, except as provided in paragraphs (1) to (4), inclusive.  

(b) For purposes of this section, “good cause” includes, but is not limited to, the gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.  It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subdivision (a).  

(c) Upon the filing of any case so restricted, the court clerk shall mail notice to each defendant named in the action.  The notice shall be mailed to the address provided in the complaint.  The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that he or she lives at the subject premises. 

The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause therefor.  The notice shall contain on its face the name and telephone number of the county bar association and the name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code, that provide legal services to low-income persons in the county in which the action is filed.  The notice shall state that these numbers may be called for legal advice regarding the case.  The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays.  One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises.  The notice shall not constitute service of the summons and complaint.  

(d) Notwithstanding any other provision of law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff.  This fee shall be added to the uniform filing fee for actions filed under this chapter.  

(e) This section does not apply to a case that seeks to terminate a mobilehome park tenancy if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy.  (2005:610) 

1161.5 Notice of election to declare forfeiture of lease or rental agreement 

When the notice required by Section 1161 states that the lessor or the owner may elect to declare the forfeiture of the lease or rental agreement, that declaration shall be nullified and the lease or rental agreement shall remain in effect if the lessee or resident performs within three days after service of the notice or if the breach is waived by the lessor or the owner after service of the notice.  (84:174) 

1162 Service of notice 

The notices required by Sections 1161 and 1161a may be served, either: 

(1) By delivering a copy to the tenant personally; or, 

(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence; or, 

(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated.  Service upon a subtenant may be made in the same manner. 

Note:  This section describes the method of service of notices.  Notices under Civil Code Section 1946 can also be served by registered or certified mail.  While legal process must be served on persons 18 years of age or older, notices served pursuant to this section may be served on anyone of suitable age who is mature enough to understand the nature or importance of the notice to ensure that it is conveyed to the resident.  (2002:664) 

1162a Service of receiver’s or levying officer’s deed 

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 be made as provided in Section 1162.  (82:497) 

1164 Necessary parties and persons bound by judgment 

No person other than the resident of the premises and sub-resident, if there be one, in the actual occupation of the premises when the complaint is filed, need be made parties defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be non-suited for the nonjoinder of any person who might have been made party defendant, but when it appears that any of the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against him or her. 

In case a defendant has become a sub-resident of the premises in controversy, after the service of the notice provided for by subdivision 2 of Section 1161 of this code, upon the resident of the premises, the fact that such notice was not served on each sub-resident shall constitute no defense to the action.  All persons who enter the premises under the resident, after the commencement of the suit, shall be bound by the judgment, the same as if he or they had been made party to the action.  (75:1241) 

1165 Other sections applicable to determining proper parties 

Parties generally.  Except as provided in the preceding section, the provisions of Part 2 of this Code, relating to parties to civil actions, are applicable to this proceeding.  (Enacted 1872) 

1166 Verification of complaint and issuance of summons 

(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 plaintiff seeks to recover. 

(3) Describe the premises with reasonable certainty. 

(4) If the action is based on paragraph (2) of Section 1161, state the amount of rent in default. 

(5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based.  This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant. 

(b) The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor. 

(c) (1) In an action regarding residential property, the plaintiff shall attach to the complaint the following: 

(A) A copy of the notice or notices of termination served on the defendant upon which the complaint is based. 

(B) A copy of any written lease or rental agreement regarding the premises.  Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached.  The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following: 

(i) The lease or rental agreement is oral. 

(ii) A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord. 

(iii) An action based solely on subdivision (2) of Section 1161. 

(2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a 5-day period in order to include the required attachments. 

(d) Upon filing the complaint, a summons shall be issued thereon.  (2003:787) 

1166a Writ of possession; issuance and directions; grounds; undertaking; findings; order for immediate possession 

(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, mobilehome, or real property issued by the court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons.  The motion shall indicate that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises.  

(b) Written notice of the hearing on the motion shall be served on the defendant by the plaintiff in accordance with the provisions of Section 1011, and shall inform the defendant as follows:   

“You may file affidavits on your own behalf with the court and may appear and present testimony on your own behalf.  However, if you fail to appear, the plaintiff will apply to the court for a writ of possession of a manufactured home, mobilehome, or real property.” 

(c) The plaintiff shall file an undertaking in a sum that shall be fixed and determined by the judge, to the effect that, if the plaintiff fails to recover judgment against the defendant for the possession of the premises or if the suit is dismissed, the plaintiff will pay to the defendant those damages, not to exceed the amount fixed in the undertaking, as may be sustained by the defendant by reason of that dispossession under the writ of possession of a manufactured home, mobilehome, or real property. 

(d) If, at the hearing on the motion, the findings of the court are in favor of the plaintiff and against the defendant, an order shall be entered for the immediate possession of the premises. 

(e) The order for the immediate possession of the premises may be enforced as provided in Division 3 (commencing with Section 712.010) of Title 9 of Part 2. 

(f) For the purposes of this section, references in Division 3 (commencing with Section 712.010) of Title 9 of Part 2 and in subdivisions (e) to (m), inclusive, of Section 1174, to the “judgment debtor” shall be deemed references to the defendant, to the “judgment creditor” shall be deemed references to the plaintiff, and to the “judgment of possession or sale of property” shall be deemed references to an order for the immediate possession of the premises.  (96:872) 

1167 Form of summons 

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 five days, including Saturdays and Sundays but excluding all other judicial holidays, after the complaint is served upon him or her.  If the last day for filing the response falls on a Saturday or Sunday, the response time shall be extended to and include the next court day. 

In all other respects the summons shall be issued and served and returned in the same manner as a summons in a civil action.  (89:873) 

1167.3 Time to answer complaint 

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 the complaint, if amended, or amend the answer under paragraph (2), (3), (5), (6), or (7) of subdivision (a) of Section 586 shall not exceed five days.  (99:344) 

1167.4 Motion to quash service or stay or dismiss action 

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 (a) of Section 418.10, the time for making the motion shall be not less than three days nor more than seven days after the filing of the notice. 

(b) The service and filing of a notice of motion under subdivision (a) shall extend the defendant’s time to plead until five days after service upon him of the written notice of entry of an order denying his motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 15 days.  (71:1332) 

1167.5 Extension of time 

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 1054 shall exceed 10 days without the consent of the adverse party.  (71:849) 

1169 Entry of default 

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 the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintiff, immediately shall enter judgment for restitution of the premises and shall issue a writ of execution thereon.  The application for default judgment and the default judgment shall include a place to indicate that the judgment includes tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises.  Thereafter, the plaintiff may apply to the court for any other relief demanded in the complaint, including the costs, against the defendant, or defendants, or against one or more of the defendants.  

Note:  A common complaint by owners is the time taken to take possession of the premises.  This provision allows the owner to get a writ of possession directly from the clerk without first getting a court hearing.  Once the writ is issued and possession is obtained, the owner may set a hearing for a judgment that includes rent to the date the resident vacates.  (2007:263) 

1170 Answer or demur 

Defendant may appear, etc.  On or before the day fixed for his appearance, the defendant may appear and answer or demur.  (Enacted 1872) 

1170.5 Time of trial 

(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 set the time of the trial is made.  Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution shall be issued immediately by the court upon the request of the plaintiff. 

(b) The court may extend the period for trial upon the agreement of all of the parties.  No other extension of the time for trial of an action under this chapter may be granted unless the court, upon its own motion or on motion of any party, holds a hearing and renders a decision thereon as specified in subdivision (c). 

(c) If trial is not held within the time specified in this section, the court, upon finding that there is a reasonable probability that the plaintiff will prevail in the action, shall determine the amount of damages, if any, to be suffered by the plaintiff by reason of the extension, and shall issue an order requiring the defendant to pay that amount into court as the rent would have otherwise become due and payable or into an escrow designated by the court for so long as the defendant remains in possession pending the termination of the action. 

The determination of the amount of the payment shall be based on the plaintiff’s verified statement of the contract rent for rental payment, any verified objection thereto filed by the defendant, and the oral or demonstrative evidence presented at the hearing.  The court’s determination of the amount of damages shall include consideration of any evidence, presented by the parties, embracing the issue of diminution of value or any set off permitted by law. 

(d) If the defendant fails to make a payment ordered by the court, trial of the action shall be held within 15 days of the date payment was due. 

(e) Any cost for administration of an escrow account pursuant to this section shall be recoverable by the prevailing party as part of any recoverable cost in the action. 

(f) After trial of the action, the court shall determine the distribution of the payment made into court or the escrow designated by the court. 

(g) Where payments into court or the escrow designated by the court are made pursuant to this section, the court may order that the payments be invested in an insured interest-bearing account.  Interest on the account shall be allocated to the parties in the same proportions as the original funds are allocated. 

(h) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. 

(i) Nothing in this section shall be construed to abrogate or interfere with the precedence given to the trial of criminal cases over the trial of civil matters by Section 1050 of the Penal Code. 

Note:  At one time, the filing of an answer meant a wait of several months before the owner could get to court for an eviction hearing.  Subject to certain exceptions, this section requires trial within 20 days after a trial is requested.  The court can also require the resident to pay rent to the court until the trial is held.  (82:1620) 

1170.7 Summary judgment motions 

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 the same basis as a motion under Section 437c.  (82:1620) 

1170.8 Discovery Motion; Five Days’ Notice 

In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice.  (2007:113) 

1170.9 Judicial Council Rules 

The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any, relating to a motion under Section 1167.4, 1170.7, or 1170.8.  (2007:113) 

1171 Right to jury trial 

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 the same manner as other trial juries in an action of the same jurisdictional classification in the Court in which the action is pending.  (98:931) 

1172 Proof required for claim or defense 

Showing required of plaintiff in forcible entry or detainer.  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 forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. 

The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings.  (Enacted 1872) 

1173 Amendment of pleading to conform to proof 

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 forcible or unlawful detainer, and other than the offense charged in the complaint, the Judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms.  No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.  (1885:121) 

1174 Judgment for possession of premises 

(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 defendant, judgment shall be entered for the possession of the premises; and if the proceedings be for an unlawful detainer after neglect, or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of such lease or agreement if the notice required by Section 1161 states the election of the owner to declare the forfeiture thereof, but if such notice does not so state such election, the lease or agreement shall not be forfeited. 

Except as provided in Section 1166a, in any action for unlawful detainer brought by a petroleum distributor against a gasoline dealer, possession shall not be restored to the petroleum distributor unless the court in the unlawful detainer action determines that the petroleum distributor had good cause under Section 20999.1 of the Business and Professions Code to terminate, cancel, or refuse to renew the franchise of the gasoline dealer. 

In any action for unlawful detainer brought by a petroleum distributor against the gasoline dealer, the court may, at the time of request of either party, require the resident to make rental payments into the court, for the lessor, at the contract rate, pending the resolution of the action. 

(b) The jury or the court, if the proceedings be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent.  If the defendant is found guilty of forcible entry, or forcible or unlawful detainer, and malice is shown, the plaintiff may be awarded either damages and rent found due or punitive damages in an amount which does not exceed three times the amount of damages and rent found due.  The trier of fact shall determine whether damages and rent found due or punitive damages shall be awarded, and judgment shall be entered  accordingly. 

(c) When the proceeding is for an unlawful detainer after default in the payment of rent, and the lease or agreement under which the rent is payable has not by its terms expired, and the notice required by Section 1161 has not stated the  election of the owner to declare the  forfeiture thereof, the court may, and,  if the lease or agreement is in writing, is for a term of more than one year, and does not contain a forfeiture clause, shall order that a writ shall not be issued to enforce the judgment until the expiration of five days after the entry of the judgment, within which time the resident, or any sub-resident, or any mortgagee of the term, or any other party interested in its continuance, may pay into the court, for the owner, the amount found due as rent, with interest thereon, and the amount of the damages found by the jury or the court for the unlawful detainer, and the costs of the proceedings, and thereupon the judgment shall be satisfied and the resident be restored to the resident’s estate. 

If payment provided in this subdivision is not made within five days, the judgment may be enforced for its full amount and for the possession of the premises.  In all other cases, the judgment may be enforced immediately. 

(d) Subject to subdivision (c), the judgment for possession of the premises may be enforced as provided in Division 3 (commencing with Section 712.010) of Title 9 of Part 2. 

(e) Personal property remaining on the premises that the owner reasonably believes to have been lost shall be disposed of pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.  The owner is not liable to the owner of any property which is disposed of in this manner.  If the appropriate police or sheriff’s department refuses to accept such property, it shall be deemed not to have been lost for the purposes of this subdivision. 

(f) The owner shall give notice pursuant to Section 1983 of the Civil Code  to any person (other than the resident) reasonably believed by the owner to be the owner of personal property remaining on the premises unless the procedure for surrender of property under Section 1965 of the Civil Code has been initiated or completed. 

(g) The owner shall store the personal property in a place of safekeeping until it is either released pursuant to subdivision (h) or disposed of pursuant to subdivision (i). 

(h) The owner shall release the personal property pursuant to Section 1965 of the Civil Code or shall release it to the resident or, at the owner’s option, to a person reasonably believed by the owner to be its owner if the resident or other person pays the costs of storage as provided in Section 1990 of the Civil Code and claims the property not later than the date specified in the writ of possession before which the resident must make his or her claim or the date specified in the notice before which a person other than the resident must make his or her claim. 

(i) Personal property not released pursuant to subdivision (h) shall be disposed of pursuant to Section 1988 of the Civil Code. 

(j) Where the owner releases personal property to the resident pursuant to subdivision (h), the owner is not liable with respect to that property to any person. 

(k) Where the owner releases personal property pursuant to subdivision (h) to a person (other than the resident) reasonably believed by the owner to be its owner, the owner is not liable with respect to that property to: 

(1) The resident or to any person to whom notice was given pursuant to subdivision (f); or 

(2) Any other person, unless such person proves that, prior to releasing the property, the owner believed or reasonably should have believed that such person had an interest in the property and also that the owner knew or should have known upon reasonable investigation the address of such person. 

(l) Where personal property is disposed of pursuant to Section 1988 of the Civil Code, the owner is not liable with respect to that property to: 

(1) The resident or to any person to whom notice was given pursuant to subdivision (f); or 

(2) Any other person, unless such person proves that, prior to disposing of the property pursuant to Section 1988 of the Civil Code, the owner believed or  reasonably should have believed that such person had an interest in the property and also that the owner knew or should have known upon reasonable investigation the address of such person. 

(m) For the purposes of subdivisions (e), (f), (h), (k), and (l), the terms “owner,” “premises,” and “reasonable belief” have the same meaning as provided in Section 1980 of the Civil Code. 

Note:  This section sets forth the process for obtaining judgment.  It also provides that the court may allow the resident to stay, even if judgment for possession is given to the owner, as long as forfeiture is not declared.  (See Code of Civil Procedure Section 1179 also.).  (93:75) 

1174.2  Affirmative defense of breach of landlord’s obligations or warranty of habitability; determination of substantial breach; judgment for tenant; judgment for landlord, on failure to pay rent to date of trial 

(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 defense a breach of the landlord’s obligations under Section 1941 of the Civil Code or of any warranty of habitability, the court shall determine whether a substantial breach of these obligations has occurred.  If the court finds that a substantial breach has occurred, the court: 

(1) shall determine the reasonable rental value of the premises in its untenantable state to the date of trial,  

(2) shall deny possession to the landlord and adjudge the tenant to be the prevailing party, conditioned upon the payment by the tenant of the rent that has accrued to the date of the trial as adjusted pursuant to this subdivision within a reasonable period of time not exceeding five days, from the date of the court’s judgment or, if service of the court’s judgment is made by mail, the payment shall be made within the time set forth in Section 1013,  

(3) may order the landlord to make repairs and correct the conditions which constitute a breach of the landlord’s obligations,  

(4) shall order that the monthly rent be limited to the reasonable rental value of the premises as determined pursuant to this subdivision until repairs are completed, and  

(5) except as otherwise provided in subdivision (b), shall award the tenant costs and attorneys’ fees if provided by, and pursuant to, any statute or the contract of the parties.  If the court orders repairs or corrections, or both, pursuant to paragraph (3), the court’s jurisdiction continues over the matter for the purpose of ensuring compliance.  The court shall, however, award possession of the premises to the landlord if the tenant fails to pay all rent accrued to the date of trial, as determined due in the judgment, within the period prescribed by the court pursuant to this subdivision.  The tenant shall, however, retain any rights conferred by Section 1174.      

(b) If the court determines that there has been no substantial breach of Section 1941 of the Civil Code or of any warranty of habitability by the landlord or if the tenant fails to pay all rent accrued to the date of trial, as required by the court pursuant to subdivision (a), then judgment shall be entered in favor of the landlord, and the landlord shall be the prevailing party for the purposes of awarding costs or attorneys’ fees pursuant to any statute or the contract of the parties.      

(c) As used in this section, “substantial breach” means the failure of the landlord to comply with applicable building and housing code standards which materially affect health and safety.      

(d) Nothing in this section is intended to deny the tenant the right to a trial by jury.  Nothing in this section shall limit or supersede any provision of Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.  (93:589) 

1174.21 Substandard property; unlawful detainer actions; attorney’s fees. 

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 Civil Code, shall be liable to the tenant or lessee for reasonable attorneys’ fees and costs of the suit, in an amount to be fixed by the court.  (2003:109) 

1174.25 Occupant filing prejudgment claim of right to possession; time to file; appearance; claimant as unlawful detainer defendant. 

(a) Any occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim to right of possession as shown on the return of service, which period shall include Saturday and Sunday but excluding all other judicial holidays.  If the last day for filing the claim falls on a Saturday or Sunday, the filing period shall be extended to and including the next court day.  Filing the prejudgment claim of right to possession shall constitute a general appearance for which a fee shall be collected as provided in Section 70614 of the Government Code. 

Section 68511.3 of the Government Code applies to the prejudgment claim of right to possession.  

(b) At the time of filing, the claimant shall be added as a defendant in the action for unlawful detainer and the clerk shall notify the plaintiff that the claimant has been added as a defendant in the action by mailing a copy of the claim filed with the court to the plaintiff with a notation so indicating.  The claimant shall answer or otherwise respond to the summons and complaint within five days, including Saturdays and Sundays but excluding all other judicial holidays, after filing the prejudgment claim of possession.  Thereafter, the name of the claimant shall be added to any pleading, filing or form filed in the action for unlawful detainer.  (2005:75) 

1174.3  Occupants not named in judgment for possession; claim of right of possession; filing; hearing; further proceedings; form 

(a) Unless a prejudgment claim of right to possession has been served upon occupants in accordance with Section 415.46, any occupant not named in the judgment for possession who occupied the premises on the date of the filing of the action may object to enforcement of the judgment against that occupant by filing a claim of right to possession as prescribed in this section.  A claim of right to possession may be filed at any time after service or posting of the writ of possession pursuant to subdivision (a) or (b) of Section 715.020, up to and including the time at which the levying officer returns to effect the eviction of those named in the judgment of possession.  Filing the claim of right to possession shall constitute a general appearance for which a fee shall be collected as provided in Section 70614 of the Government Code.  Section 68511.3 of the Government Code applies to the claim of right to possession.  An occupant or tenant who is named in the action shall not be required to file a claim of right to possession to protect that occupant’s right to possession of the premises.  

(b) The court issuing the writ of possession of real property shall set a date or dates when the court will hold a hearing to determine the validity of objections to enforcement of the judgment specified in subdivision (a).  An occupant of the real property for which the writ is issued may make an objection to eviction to the levying officer at the office of the levying officer or at the premises at the time of the eviction.  

If a claim of right to possession is completed and presented to the sheriff, marshal, or other levying officer, the officer shall forthwith (1) stop the eviction of occupants at the premises, and (2) provide a receipt or copy of the completed claim of right of possession to the claimant indicating the date and time the completed form was received, and (3) deliver the original completed claim of right to possession to the court issuing the writ of possession of real property.  

(c) A claim of right to possession is effected by any of the following:  

(1) Presenting a completed claim form in person with identification to the sheriff, marshal, or other levying officer as prescribed in this section, and delivering to the court within two court days after its presentation, an amount equal to 15 days’ rent together with the appropriate fee or form for proceeding in forma pauperis.  Upon receipt of a claim of right to possession, the sheriff, marshal, or other levying officer shall indicate thereon the date and time of its receipt and forthwith deliver the original to the issuing court and a receipt or copy of the claim to the claimant and notify the plaintiff of that fact.  Immediately upon receipt of an amount equal to 15 days’ rent and the appropriate fee or form for proceeding in forma pauperis, the court shall file the claim of right to possession and serve an endorsed copy with the notice of the hearing date on the plaintiff and the claimant by first-class mail.  The court issuing the writ of possession shall set and hold a hearing on the claim not less than five nor more than 15 days after the claim is filed with the court.  

(2) Presenting a completed claim form in person with identification to the sheriff, marshal, or other levying officer as prescribed in this section, and delivering to the court within two court days after its presentation, the appropriate fee or form for proceeding in forma pauperis without delivering the amount equivalent to 15 days’ rent.  In this case, the court shall immediately set a hearing on the claim to be held on the fifth day after the filing is completed.  The court shall notify the claimant of the hearing date at the time the claimant completes the filing by delivering to the court the appropriate fee or form for proceeding in forma pauperis, and shall notify the plaintiff of the hearing date by first-class mail.  Upon receipt of a claim of right to possession, the sheriff, marshal, or other levying officer shall indicate thereon the date and time of its receipt and forthwith deliver the original to the issuing court and a receipt or copy of the claim to the claimant and notify the plaintiff of that fact.  

(d) At the hearing, the court shall determine whether there is a valid claim of possession by the claimant who filed the claim, and the court shall consider all evidence produced at the hearing, including, but not limited to, the information set forth in the claim.  The court may determine the claim to be valid or invalid based upon the evidence presented at the hearing.  The court shall determine the claim to be invalid if the court determines that the claimant is an invitee, licensee, guest, or trespasser.  If the court determines the claim is invalid, the court shall order the return to the claimant of the amount of the 15 days’ rent paid by the claimant, if that amount was paid pursuant to paragraph (1) or (3) of subdivision (c), less a pro rata amount for each day that enforcement of the judgment was delayed by reason of making the claim of right to possession, which pro rata amount shall be paid to the landlord.  If the court determines the claim is valid, the amount equal to 15 days’ rent paid by the claimant shall be returned immediately to the claimant.  

(e) If, upon hearing, the court determines that the claim is valid, then the court shall order further proceedings as follows:  

(1) If the unlawful detainer is based upon a curable breach, and the claimant was not previously served with a proper notice, if any notice is required, then the required notice may at the plaintiff’s discretion be served on the claimant at the hearing or thereafter.  If the claimant does not cure the breach within the required time, then a supplemental complaint may be filed and served on the claimant as defendant if the plaintiff proceeds against the claimant in the same action.  For the purposes of this section only, service of the required notice, if any notice is required, and of the supplemental complaint may be made by first-class mail addressed to the claimant at the subject premises or upon his or her attorney of record and, in either case, Section 1013 shall otherwise apply.  Further proceedings on the merits of the claimant’s continued right to possession after service of the Summons and Supplemental Complaint as prescribed by this subdivision shall be conducted pursuant to this chapter.  

(2) In all other cases, the court shall deem the unlawful detainer Summons and Complaint to be amended on their faces to include the claimant as defendant, service of the Summons and Complaint, as thus amended, may at the plaintiff’s discretion be made at the hearing or thereafter, and the claimant thus named and served as a defendant in the action shall answer or otherwise respond within five days thereafter.  

(f) If a claim is made without delivery to the court of the appropriate filing fee or a form for proceeding in forma pauperis, as prescribed in this section, the claim shall be immediately deemed denied and the court shall so order.  Upon the denial of the claim, the court shall immediately deliver an endorsed copy of the order to the levying officer and shall serve an endorsed copy of the order on the plaintiff and claimant by first-class mail.  

(g) If the claim of right to possession is denied pursuant to subdivision (f), or if the claimant fails to appear at the hearing or, upon hearing, if the court determines that there are no valid claims, or if the claimant does not prevail at a trial on the merits of the unlawful detainer action, the court shall order the levying officer to proceed with enforcement of the original writ of possession of real property as deemed amended to include the claimant, which shall be effected within a reasonable time not to exceed five days. Upon receipt of the court’s order, the levying officer shall enforce the writ of possession of real property against any occupant or occupants.  (2005:75) 

1174.5 Recovery of unpaid rent 

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 liability pursuant to Section 1951.2 of the Civil Code.  (82:488) 

1176 Stay on appeal 

(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 be directed to the judge before whom it was rendered.  Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the non-moving party will not be irreparably injured by its issuance. 

If the stay is denied by the trial court, the defendant may forthwith file a petition for an extraordinary writ with the appropriate appeals court.   

If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case, it shall order the payment of the reasonable monthly rental value to the court monthly in advance as rent would otherwise become due as a condition of issuing the stay of enforcement. 

As used in this subdivision, “reasonable rental value” means the contract rent unless the rental value has been modified by the trial court in which case that modified rental value shall be used.  

(b) A new cause of action on the same agreement for the rental of real property shall not be barred because of an appeal by any party.  (85:1279) 

1177 Applicable rules of practice 

Rules of practice.  Except as otherwise provided in this Chapter the provisions of Part 2 of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter.  (Enacted 1872) 

1178 New trials and appeals 

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 rules adopted by the Judicial Council, apply to the proceedings mentioned in this chapter.  (45:40)  

1179 Relief against forfeiture 

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 restore him or her to his or her former estate or tenancy, in case of hardship, as provided in Section 1174.  The court has the discretion to relieve any person against forfeiture on its own motion. 

An application for relief against forfeiture may be made at any time prior to restoration of the premises to the landlord.  The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term.  It must be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant.  Notice of the application, with a copy of the petition, must be served at least five days prior to the hearing on the plaintiff in the judgment, who may appear and contest the application.  Alternatively, a person appearing without an attorney may make the application orally, if the plaintiff either is present and has an opportunity to contest the application, or has been given ex parte notice of the hearing and the purpose of the oral application.  In no case shall the application or motion be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, so far as the same is practicable, be made. 

Note: The law disfavors forfeiture.  The court may still allow a resident to remain in possession even if a forfeiture is declared if the resident petitions to remain in possession.  (2002:301) 

1179a Precedence in trial of action 

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 hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which special precedence is given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined.  (01:885) 

1520 Unclaimed Personal Property 

(a) All tangible personal property located in this state and, subject to Section 1510, all intangible personal property, except property of the classes mentioned in Sections 1511, 1513, 1514, 1515, 1515.5, 1516, 1517, 1518, 1519, and 1521, including any income or increment thereon and deducting any lawful charges, that is held or owing in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than three years after it became payable or distributable escheats to this state. 

(b) Except as provided in subdivision (a) of Section 1513.5, subdivision (b) of Section 1514, and subdivision (d) of Section 1516, if the holder has in its records an address for the apparent owner of property valued at fifty dollars ($50) or more, which the holder’s records do not disclose to be inaccurate, the holder shall make reasonable efforts to notify the owner by mail or, if the owner has consented to electronic notice, electronically, that the owner’s property will escheat to the state pursuant to this chapter. The notice shall be mailed not less than six nor more than 12 months before the time when the owner’s property held by the business becomes reportable to the Controller in accordance with this chapter.  The face of the notice shall contain a heading at the top that reads as follows: “THE STATE OF CALIFORNIA REQUIRES US TO NOTIFY YOU THAT YOUR UNCLAIMED PROPERTY MAY BE TRANSFERRED TO THE STATE IF YOU DO NOT CONTACT US,” or substantially similar language.  The notice required by this subdivision shall specify the time when the property will escheat and the effects of escheat, including the need to file a claim in order for the owner’s property to be returned to the owner.  The notice required by this section shall, in boldface type or in a font a minimum of two points larger than the rest of the notice, exclusive of the heading, (1) specify that since the date of last activity, or for the last two years, there has been no owner activity on the deposit, account, shares, or other interest; (2) identify the deposit, account, shares, or other interest by number or identifier, which need not exceed four digits; (3) indicate that the deposit, account, shares, or other interest is in danger of escheating to the state; and (4) specify that the California Unclaimed Property Law requires banks, banking organizations, and financial organizations to transfer funds of a deposit, account, shares, or other interest if it has been inactive for three years. It shall also include a form, as prescribed by the Controller, by which the owner may confirm the owner’s current address.  If that form is filled out, signed by the owner, and returned to the holder, it shall be deemed that the account, or other device in which the owner’s property is being held, remains currently active and recommences the escheat period.  In lieu of returning the form, the holder may provide a telephone number or other electronic means to enable the owner to contact the holder.  With that contact, as evidenced by a memorandum or other record on file with the holder, the account or other device in which the owner’s property is being held shall be deemed to remain currently active and shall recommence the escheat period.  The holder may impose a service charge on the deposit, account, shares, or other interest for this notice in an amount not to exceed the administrative cost of mailing or electronically sending the notice and form, and in no case to exceed two dollars ($2). 

(c) In addition to the notice required pursuant to subdivision (b), the holder may give additional notice as described in subdivision (b) at any time between the date of last activity by, or communication with, the owner and the date the holder transfers the property to the Controller. 

(d) For purposes of this section, “lawful charges” means charges which are specifically authorized by statute, other than the Unclaimed Property Law, or by a valid, enforceable contract.  (2009:522) 

2075 Receipt; Entitled for Payment of Money 

Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.  (2007:1872)