Summary proceedings for obtaining possession of real property: procedural requirements.

Plain English Breakdown

The official source does not provide specific details about what happens if there is no agreement and no good cause for delay, leaving this as an open question.

Rules for Getting Back Property from People Who Don't Pay Rent

This law changes how courts handle requests to remove people who don't pay rent or other property fees by limiting the court's ability to delay hearings.

What This Bill Does

• Limits the court’s authority to set a later hearing for a noticed motion in unlawful detainer cases.
• Permits the court to order the hearing held on a later date upon the written stipulation of the parties or upon good cause shown, but not more than 10 days after the first scheduled date for commercial tenancies.

Who It Names or Affects

• Courts handling unlawful detainer cases
• People who file complaints about tenants not paying rent or other property fees

Terms To Know

unlawful detainer

A legal action to remove someone from a property when they are staying there without permission, usually because of unpaid rent.

demurrer or motion to strike

Legal requests made by defendants in court to dismiss parts of the complaint against them.

Limits and Unknowns

• The bill does not specify what happens if there is no agreement between both sides and no good reason for delay.
• It only applies to cases involving residential or commercial tenancies, not other types of property disputes.

Official Summary Text

AB 1384, Nguyen.
Summary proceedings for obtaining possession of real property: procedural requirements.
Existing law establishes procedures relating to an action for unlawful detainer, and sets timelines regarding the filing of a complaint and the defendant’s response, including a demurrer or motion to strike, as specified. The hearing on such a motion is required to occur within 5 to 7 court days after its filing, unless good cause is shown, in which case the hearing may occur on a later date on notice prescribed by the court.
This bill would instead limit the court’s authority to set a later hearing for a noticed motion. The bill would permit the court to order the hearing held on a later date upon the written
stipulation of the parties or upon good cause shown in the case of a residential or commercial tenancy, not to exceed 10 court days after the first date set for a hearing on the motion in the case of a commercial tenancy.

Current Bill Text

Download Bill PDF