California Code of Civil Procedure

§ 1170

CCP § 1170 Effective Jan 1, 2026Title 3 · Part 3 · Ch. 4

Statute text

(a)On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint.

(b)(1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint or any portion thereof, the hearing on the motion shall be not less than five court days nor more than seven court days after the filing of the notice of motion. All moving and supporting papers shall accompany the notice of the motion and shall be served in compliance with this section and Section 1010.6 or 1013.

(2)Notwithstanding paragraph (1), the court may order the hearing held on a later date upon the written stipulation of the parties. In the case of a residential tenancy, the court, for good cause shown, may order the hearing held on a later date on notice prescribed by the court. In the case of a commercial tenancy, the court, for good cause shown, may order the hearing held on a later date not to exceed 10 court days after the first date set for a hearing on the motion.

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Legislative history

Amended by Stats. 2025, Ch. 299, Sec. 1. (AB 1384) Effective January 1, 2026.