Assembly Member Nguyen's proposal to modify California's unlawful detainer procedures establishes new parameters for scheduling hearings on demurrers and motions to strike in eviction proceedings. The measure revises current law, which allows courts to postpone these hearings upon a showing of good cause, by creating distinct timing requirements for residential and commercial tenancy cases.
Under the proposed changes, courts may schedule hearings beyond the standard five- to seven-day window only through a written stipulation between parties or, in tenancy matters, upon demonstration of good cause. For commercial tenancy cases, the court cannot extend the hearing date more than 10 court days past the initial hearing date, even with good cause shown. Residential tenancy cases maintain flexibility for good-cause extensions, with timing to be set by court notice.
The measure preserves existing procedural elements, including requirements for filing and serving motion papers, while maintaining courts' discretion to consider written oppositions filed after standard deadlines. These modifications apply specifically to unlawful detainer actions and similar civil proceedings where defendants file demurrers or motions to strike, leaving other aspects of the process unchanged.
![]() Anna CaballeroD Senator | Floor Vote | Not Contacted | |
![]() Roger NielloR Senator | Floor Vote | Not Contacted | |
![]() Tony StricklandR Senator | Floor Vote | Not Contacted | |
![]() Shannon GroveR Senator | Floor Vote | Not Contacted | |
![]() Brian JonesR Senator | Floor Vote | Not Contacted |
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Assembly Member Nguyen's proposal to modify California's unlawful detainer procedures establishes new parameters for scheduling hearings on demurrers and motions to strike in eviction proceedings. The measure revises current law, which allows courts to postpone these hearings upon a showing of good cause, by creating distinct timing requirements for residential and commercial tenancy cases.
Under the proposed changes, courts may schedule hearings beyond the standard five- to seven-day window only through a written stipulation between parties or, in tenancy matters, upon demonstration of good cause. For commercial tenancy cases, the court cannot extend the hearing date more than 10 court days past the initial hearing date, even with good cause shown. Residential tenancy cases maintain flexibility for good-cause extensions, with timing to be set by court notice.
The measure preserves existing procedural elements, including requirements for filing and serving motion papers, while maintaining courts' discretion to consider written oppositions filed after standard deadlines. These modifications apply specifically to unlawful detainer actions and similar civil proceedings where defendants file demurrers or motions to strike, leaving other aspects of the process unchanged.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
10 | 0 | 3 | 13 | PASS |
![]() Anna CaballeroD Senator | Floor Vote | Not Contacted | |
![]() Roger NielloR Senator | Floor Vote | Not Contacted | |
![]() Tony StricklandR Senator | Floor Vote | Not Contacted | |
![]() Shannon GroveR Senator | Floor Vote | Not Contacted | |
![]() Brian JonesR Senator | Floor Vote | Not Contacted |