Code of Civil Procedure sections 1161 and 1167 regarding computation of time in Unlawful Detainer cases will be amended effective 9/1/19:
• changes the 3-day notice period to exclude Saturdays and Sundays and other judicial holidays
• changes the 5-day time period to respond to a summons and complaint to exclude Saturdays and Sundays and other judicial holidays.
New Form for Unlawful Detainer Summons (SUM-130)
The California Code of Civil procedure was updated recently to incorporate a change to the response time for an Unlawful Detainer proceeding. The change required a new form, which was made available to the public on September 1, 2019:
CODE OF CIVIL PROCEDURE – CCP 1167.
(a) 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, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon him or her.
(b) In all other respects the summons shall be issued and served and returned in the same manner as a summons in a civil action.
(Amended by Stats. 2018, Ch. 260, Sec. 2. (AB 2343) Effective January 1, 2019. Section operative September 1, 2019, pursuant to Sec. 3, Stats. 2018, Ch. 260.)
Please note that the new summons form must be use when filing all Unlawful Detainer actions after September 1st. Using the old form will likely result in a filing rejection. The new form can be found here.
(per FirstLegal 09/05/19)
Categorized in: Legal Procedure
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