AMENDED IN ASSEMBLY APRIL 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

98

Introduced by Assembly Member Stephanie Nguyen

(Coauthors: Assembly Members Alvarez, Blanca Rubio and Soria)

February 16, 2024

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

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires a defendant who appears and demurs to the plaintiff’s complaint in a summary proceeding for obtaining possession of real property to serve and file all moving and supporting papers at least 16 court days before the hearing, except as specified.

This bill would provide that in a summary proceeding for obtaining possession of real property, if a tenant in a commercial real property, as defined, demurs to the complaint, the notice of hearing on the demurrer must designate a hearing date not more than 20 court days following the filing of the demurrer. The bill would also make a technical, nonsubstantive change.

The people of the State of California do enact as follows:

SECTION 1.

Section 1170 of the Code of Civil Procedure is amended to read:

1170.

On or before the day fixed for his their appearance, the defendant may appear and answer or demur. Notwithstanding Section 1005, if a tenant in a commercial real property, as defined by subdivision (d) of Section 1954.26 of the Civil Code, demurs to an unlawful detainer complaint, the notice of hearing on the demurrer shall designate a hearing date not more than 20 court days following the filing of the demurrer.