California Code of Civil Procedure Section 1167 sets the rules for the summons in an eviction case and, most importantly for tenants, the deadline to respond. As of January 1, 2025, that deadline is 10 court days after service, excluding Saturdays, Sundays, and judicial holidays.1California Legislative Information. California Code of Civil Procedure 1167 – Summary Proceedings for Obtaining Possession of Real Property in Certain Cases That is far shorter than the 30 days allowed in an ordinary civil lawsuit, a reflection of the summary nature of unlawful detainer proceedings.
What the Eviction Summons Must Contain
Section 1167 requires the eviction summons to follow the general format in CCP 412.20, with one key change: it must state the shorter unlawful detainer response deadline rather than the usual 30 days. Every California summons must identify the parties, name the court, direct the defendant to file a written response, and warn that failing to respond could result in a default judgment. It also carries a bold notice at the top in English and Spanish: “You have been sued. The court may decide against you without your being heard unless you respond.”2California Legislative Information. California Code CCP 412.20
The mandatory form is the Summons — Eviction (SUM-130), issued by the Judicial Council. The current version, revised January 1, 2026, reflects the updated response deadline and references CCP 412.20, CCP 415.45, and CCP 1167.3Judicial Council of California. Summons – Eviction (Unlawful Detainer / Forcible Detainer / Forcible Entry) SUM-130 Errors in party names or court address can render service defective, so the paperwork needs to be exact.
The summons must also indicate whether the case is a limited or unlimited civil case. An unlawful detainer qualifies as a limited civil case when the total damages claimed are $35,000 or less.4California Legislative Information. California Code of Civil Procedure 86 – Jurisdiction in Limited Civil Cases Anything above that threshold is unlimited, with higher filing fees and slightly different procedural rules. Once the form is complete, the court clerk issues it under the court’s seal and assigns a case number.
The 10 Court Day Response Deadline
Before 2025, tenants had just five calendar days to respond to an eviction complaint. AB 2347, effective January 1, 2025, doubled that window to 10 court days.1California Legislative Information. California Code of Civil Procedure 1167 – Summary Proceedings for Obtaining Possession of Real Property in Certain Cases The old rule left many tenants without enough time to find a lawyer or even understand the paperwork. Ten court days still moves faster than the 30-day deadline in ordinary civil litigation, but it gives tenants a realistic chance to prepare a defense.
The clock starts the day after the summons and complaint are served. It runs regardless of how complex the tenant’s defenses are or whether they can find an attorney in time. Missing the deadline allows the landlord to request a default judgment, which effectively ends the tenant’s chance to contest the eviction.
How to Count the Court Days
Counting court days is not a simple calendar countdown. Skip the day of service entirely, then start counting on the next day that is not a Saturday, Sunday, or judicial holiday. Every weekend day and court holiday along the way is also skipped. Only business days when the court is open count.5California Courts. Summons – Unlawful Detainer – Eviction (form SUM-130)
California courts observe more holidays than most people realize. Beyond standard federal holidays, courts close for Lincoln’s Birthday (February 12), Cesar Chavez Day (March 31), Native American Day (the fourth Friday in September), and the day after Thanksgiving, among others.6Judicial Branch of California. Court Holidays A summons served on the Wednesday before Thanksgiving effectively buys the tenant extra calendar time, because Thursday, Friday, Saturday, and Sunday all drop out of the count.
In practice, 10 court days usually works out to around 14 calendar days, sometimes more when holidays fall in the middle. The safe approach is to count court days individually rather than estimate. A response filed one minute after the clerk’s office closes on the tenth court day is late, and that single missed deadline can cost the tenant the whole case.
Extra Time for Alternative Service
Not every eviction summons is handed directly to the tenant, and when service happens by another method, the response deadline shifts.
Substituted Service
When a process server cannot personally hand the summons to the tenant after reasonable attempts, they can leave the documents with another adult at the tenant’s home or workplace and then mail a copy. Under CCP 415.20, service by this method is not complete until 10 days after the mailing.7California Courts. Serve Eviction Papers by Substituted Service Only after that 10-day period ends does the tenant’s response clock begin. The tenant then has the same 10 court days to file an answer.
The Secretary of State’s Address Confidentiality Program
Some tenants participate in the Secretary of State’s address confidentiality program, which protects victims of domestic violence and similar threats by keeping their address private. When a summons is served by mail or in person through this program, CCP 1167(b) grants the tenant an additional five court days on top of the standard 10, for a total response window of 15 court days.1California Legislative Information. California Code of Civil Procedure 1167 – Summary Proceedings for Obtaining Possession of Real Property in Certain Cases
Unnamed Occupants and the Prejudgment Claim
An eviction judgment only binds the people named in the lawsuit. If someone lives in the unit but is not named as a defendant, a judgment against the named tenants does not automatically reach them. That creates a practical problem for landlords and a procedural trap for occupants who assume the case does not concern them.
Landlords can address this by serving a Prejudgment Claim of Right to Possession (Form CP10.5) along with the summons and complaint. The form gives people whose names the landlord does not know a chance to add themselves to the case and raise defenses before judgment is entered.8California Courts. Prejudgment Claim of Right to Possession An occupant who receives this form and does nothing may later be removed by the sheriff when the judgment is enforced, even though they were never formally named.
Filing the Response
The primary response form is the Answer — Unlawful Detainer — Eviction (Form UD-105), which walks the tenant through common defenses with checkboxes and fill-in spaces.9California Courts. Fill Out an Answer Form in an Eviction Case It must be filed at the clerk’s office of the superior court where the case was filed. Many California courts now accept or require electronic filing through an approved service provider, which generates a timestamped confirmation. For in-person filing, the documents go to the civil clerk’s window during business hours.
Filing requires a fee that depends on the amount the landlord is claiming. Under the statewide civil fee schedule effective January 1, 2026:
- $225 when the amount claimed is $10,000 or less
- $370 when the amount claimed is over $10,000 up to $35,000
- $435 when the amount claimed exceeds $35,000 (unlimited civil case)
Fees may be slightly higher in Riverside, San Bernardino, and San Francisco counties.10Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 Tenants who cannot afford the fee can submit a Request to Waive Court Fees (Form FW-001) with the answer. The clerk will not accept the answer without either full payment or a completed fee waiver request.11California Courts. Request to Waive Court Fees
Once the clerk accepts the filing, the tenant gets a conformed copy stamped with the date and time. Keep it. That stamped copy is the proof the response was filed within the deadline.
What Happens If You Miss the Deadline
A tenant who does not file a response within the 10 court day window faces a request for default judgment. Under CCP 585, the landlord can ask the court to enter judgment without a trial, based solely on the allegations in the complaint.12California Courts. Declaration for Default Judgment by Court (Unlawful Detainer – Civ. Proc. 585(d)) Once default is entered, the tenant loses the right to present defenses, call witnesses, or negotiate. The court can award the landlord possession, back rent, and costs.
Setting aside a default after entry is possible but hard. The tenant generally has to show the missed deadline was the result of mistake, inadvertence, or excusable neglect, and that they have a valid defense. Courts grant these motions sparingly. The better strategy is to file something, even an imperfect answer, within the deadline rather than let it lapse.
Challenging the Summons Before Answering
A tenant who believes the summons was improperly served can file a motion to quash service under CCP 418.10 instead of filing an answer. Common grounds include the summons never actually being delivered, service on the wrong person, or the landlord skipping a required pre-suit notice. Filing the motion does not count as a general appearance in the case, so the tenant preserves the right to challenge the court’s jurisdiction.
Timing matters. The motion to quash must be filed before the deadline to respond. If the tenant files an answer first, the jurisdictional challenge is waived. The court will hold a hearing on the motion, and if it agrees service was defective, the landlord has to start service over. If the court denies the motion, the tenant gets a short window to file an answer.
Trial After the Answer Is Filed
Filing the answer does not automatically schedule a trial. Either party has to file a Request to Set Case for Trial (Form UD-150) with the clerk. Under CCP 1170.5, the trial must be held no later than 20 days after that request is made.13California Legislative Information. California Code of Civil Procedure 1170.5 The requesting party must mail a copy to the other side, and the clerk sends a notice with the assigned trial date to all parties.14California Courts. What Happens If Your Tenant Files a Response – Section: If Your Tenant Filed an Answer
That 20-day rule separates unlawful detainer cases from ordinary civil lawsuits, which can take months or years to reach trial. If the landlord prevails, the court enters judgment and can issue a writ of execution immediately on request. The full process from summons to lockout can unfold in under six weeks when all deadlines are met, which is why the 10 court day response deadline is the single most important date on a tenant’s calendar once eviction papers arrive.