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Summary
A new law that takes effect January 1, 2026, closes a procedural loophole long exploited by commercial tenants to delay trial dates in California unlawful detainer cases seeking eviction.
The Upshot
- Governor Newsom signed Assembly Bill No. 1384 into law on October 3.
- For many years, the statute governing a tenant's response to an unlawful detainer complaint—California Code of Civil Procedure Section 1170—had lacked a specific time within which a demurrer, i.e., a motion to dismiss, would be heard.
- AB 1384 adds certainty as to when a demurrer will be heard in a commercial unlawful detainer. The sooner the demurrer is heard the sooner the case is "at-issue." And the sooner the case is at-issue, the sooner it goes to trial.
The Bottom Line
The new law ensures that commercial unlawful detainer actions will proceed in a timely fashion from the earliest stages of the case, consistent with the overarching objective of promptly adjudicating landlord-tenant disputes.
Background
California law mandates that unlawful detainer cases be tried within 20 days of a trial-setting request. However, a trial-setting request may not be filed until a case is "at-issue." A case is not at-issue until the defendant/tenant has filed an answer to the unlawful detainer complaint. Before filing an answer, a tenant has the right to challenge the sufficiency of landlord's unlawful detainer complaint by filing a demurrer—i.e., a motion to dismiss.
For many years, the statute governing a tenant's response to an unlawful detainer complaint—California Code of Civil Procedure Section 1170—lacked a specific time within which a demurrer would be heard. In other words, with no "hard" date for the demurrer hearing, there was no way to get a prompt trial. In the wake of the COVID-19 pandemic, it was not unusual to see demurrer hearings in commercial unlawful detainer cases set for three, four, or even six months after a demurrer was filed.
Progress in 2024
As we reported last year, Section 1170was amended in 2024 to require that demurrers be heard not less than five court days and not more than seven court days after the motion was filed. However, a court could delay the demurrer hearing indefinitely, even over a commercial landlord's objection.
Enter AB 1384
Under AB 1384, Section 1170 has been amended further to ensure that if a court does in fact order a later hearing date on a demurrer in a commercial unlawful detainer case, the hearing may not be more than 10 court days after the first date set for the hearing on the demurrer—meaning that a hearing must occur between 15 and 17 court days after the motion is filed. The parties are also free to stipulate in writing to a mutually agreeable hearing date on the demurrer, even beyond the statutory deadline.
Key Takeaways
AB 1384 adds certainty as to when a demurrer will be heard in a commercial unlawful detainer. The sooner the demurrer is heard, the sooner the case is at-issue, and the sooner the case is at-issue, the sooner it goes to trial. Even though unlawful detainer cases are designed to go to trial quickly, the parties are always able to stipulate to extensions of time for the demurrer hearing or trial date. AB 1384 simply ensures that commercial unlawful detainers will proceed in a timely fashion from the earliest stages of the case, consistent with the overarching objective of promptly adjudicating landlord-tenant disputes.
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