2007 California Code of Civil Procedure Chapter 4. Summary Proceedings For Obtaining Possession Of Real Property In Certain Cases

CA Codes (ccp:1159-1179a)

1159.  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.



1160.  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 night-time, 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.



1161.  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 included in paragraph
(1) of subdivision (c) of Section 11571.1 of the Health and Safety
Code, or subdivision (c) of Section 3485 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, 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.



1161.  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 included in paragraph
(1) of subdivision (c) of Section 11571.1 of the Health and Safety
Code, or subdivision (c) of Section 3485 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.
   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 become operative on January 1, 2012.




1161.1.  With respect to application of Section 1161 in cases of
possession of commercial real property after default in the payment
of rent:
   (a) If the amount stated in the notice provided to the tenant
pursuant to subdivision (2) of Section 1161 is clearly identified by
the notice as an estimate and the amount claimed is not in fact
correct, but it is determined upon the trial or other judicial
determination that rent was owing, and the amount claimed in the
notice was reasonably estimated, the tenant shall be subject to
judgment for possession and the actual amount of rent and other sums
found to be due.  However, if (1) upon receipt of such a notice
claiming an amount identified by the notice as an estimate, the
tenant tenders to the landlord within the time for payment required
by the notice, the amount which the tenant has reasonably estimated
to be due and (2) if at trial it is determined that the amount of
rent then due was the amount tendered by the tenant or a lesser
amount, the tenant shall be deemed the prevailing party for all
purposes.  If the court determines that the amount so tendered by the
tenant was less than the amount due, but was reasonably estimated,
the tenant shall retain the right to possession if the tenant pays
to the landlord within five days of the effective date of the
judgment (1) the amount previously tendered if it had not been
previously accepted, (2) the difference between the amount tendered
and the amount determined by the court to be due, and (3) any other
sums as ordered by the court.
   (b) If the landlord accepts a partial payment of rent, including
any payment pursuant to subdivision (a), after serving notice
pursuant to Section 1161, the landlord, without any further notice to
the tenant, may commence and pursue an action under this chapter to
recover the difference between the amount demanded in that notice and
the payment actually received, and this shall be specified in the
complaint.
   (c) If the landlord accepts a partial payment of rent after filing
the complaint pursuant to Section 1166, the landlord's acceptance of
the partial payment is evidence only of that payment, without waiver
of any rights or defenses of any of the parties.  The landlord shall
be entitled to amend the complaint to reflect the partial payment
without creating a necessity for the filing of an additional answer
or other responsive pleading by the tenant, and without prior leave
of court, and such an amendment shall not delay the matter from
proceeding.  However, this subdivision shall apply only if the
landlord provides actual notice to the tenant that acceptance of the
partial rent payment does not constitute a waiver of any rights,
including any right the landlord may have to recover possession of
the property.
   (d) "Commercial real property" as used in this section, means all
real property in this state except dwelling units made subject to
Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of
Division 3 of the Civil Code,  mobilehomes as defined in Section
798.3 of the Civil Code, or recreational vehicles as defined in
Section 799.24 of the Civil Code.
   (e) For the purposes of this section, there is a presumption
affecting the burden of proof that the amount of rent claimed or
tendered is reasonably estimated if, in relation to the amount
determined to be due upon the trial or other judicial determination
of that issue, the amount claimed or tendered was no more than 20
percent more or less than the amount determined to be due.  However,
if the rent due is contingent upon information primarily within the
knowledge of the one party to the lease and that information has not
been furnished to, or has not accurately been furnished to, the other
party, the court shall consider that fact in determining the
reasonableness of the amount of rent claimed or tendered pursuant to
subdivision (a).


1161.2.  (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 () 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.



1161.5.  When the notice required by Section 1161 states that the
lessor or the landlord 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
tenant performs within three days after service of the notice or if
the breach is waived by the lessor or the landlord after service of
the notice.



1161a.  (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.
   (3) "Floating home" has the same meaning as provided in
subdivision (d) of Section 18075.55 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, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant
in actual occupation of the premises, also upon such subtenant, 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 tenant or
subtenant 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 tenant or subtenant 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.



1161b.  (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.




1162.  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 can not be ascertained,
or a person of suitable age or discretion there can not 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.




1162a.  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.



1164.  No person other than the tenant of the premises and
subtenant, 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
nonsuited 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 subtenant of the premises in
controversy, after the service of the notice provided for by
subdivision 2 of Section 1161 of this code, upon the tenant of the
premises, the fact that such notice was not served on each subtenant
shall constitute no defense to the action.  All persons who enter the
premises under the tenant, 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.



1165.  Except as provided in the preceding section, the provisions
of Part II of this Code, relating to parties to civil actions, are
applicable to this proceeding.



1166.  (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.



1166a.  (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.



1167.  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 period shall be extended to and
including 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.




1167.3.  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.


1167.4.  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.



1167.5.  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.


1169.  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.



1170.  On or before the day fixed for his appearance, the defendant
may appear and answer or demur.



1170.5.  (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.




1170.7.  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.


1170.8.  In any action under this chapter, a discovery motion may be
made at any time upon giving five days' notice.



1170.9.  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.


1171.  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.



1172.  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.


1173.  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.



1174.  (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 that lease or agreement
if the notice required by Section 1161 states the election of the
landlord to declare the forfeiture thereof, but if that notice does
not so state that 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 tenant 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 statutory damages of up to six hundred dollars
(0), in addition to actual damages, including rent found due.  The
trier of fact shall determine whether actual damages, statutory
damages, or both, 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 landlord 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 tenant,
or any subtenant, or any mortgagee of the term, or any other party
interested in its continuance, may pay into the court, for the
landlord, 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 tenant be restored to the
tenant's estate.  If payment as 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 which the landlord
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 landlord 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 that property, it shall be deemed not to have been lost for
the purposes of this subdivision.
   (f) The landlord shall give notice pursuant to Section 1983 of the
Civil Code to any person (other than the tenant) reasonably believed
by the landlord 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 landlord 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 landlord shall release the personal property pursuant to
Section 1965 of the Civil Code or shall release it to the tenant or,
at the landlord's option, to a person reasonably believed by the
landlord to be its owner if the tenant 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 tenant must make his or her claim or the
date specified in the notice before which a person other than the
tenant 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 landlord releases personal property to the tenant
pursuant to subdivision (h), the landlord is not liable with respect
to that property to any person.
   (k) Where the landlord releases personal property pursuant to
subdivision (h) to a person (other than the tenant) reasonably
believed by the landlord to be its owner, the landlord is not liable
with respect to that property to:
   (1) The tenant or to any person to whom notice was given pursuant
to subdivision (f); or
   (2) Any other person, unless that person proves that, prior to
releasing the property, the landlord believed or reasonably should
have believed that the person had an interest in the property and
also that the landlord knew or should have known upon reasonable
investigation the address of that person.
   (l) Where personal property is disposed of pursuant to Section
1988 of the Civil Code, the landlord is not liable with respect to
that property to:
   (1) The tenant or to any person to whom notice was given pursuant
to subdivision (f); or
   (2) Any other person, unless that person proves that, prior to
disposing of the property pursuant to Section 1988 of the Civil Code,
the landlord believed or reasonably should have believed that the
person had an interest in the property and also that the landlord
knew or should have known upon reasonable investigation the address
of that 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.



1174.2.  (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.



1174.21.  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.



1174.25.  (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.



1174.3.  (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.
   (h) The claim of right to possession shall be made on the
following form:

*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *

NOTICE OF INCOMPLETE TEXT:  The Claim of Right to Possession form
appears in the hard-copy publication of the chaptered bill.
See Sec. 43 of Chapter 75, Statutes of 2005.

*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *




1174.5.  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.


1176.  (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 nonmoving 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.



1177.  Except as otherwise provided in this Chapter the provisions
of Part II of this Code are applicable to, and constitute the rules
of practice in the proceedings mentioned in this Chapter.



1178.  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.




1179.  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.



1179a.  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.