California Landlord Tenant Law

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State of California Eviction Law

715.010. (a) A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010. The application for the writ shall provide a place to indicate that the writ applies to all tenants, subtenants, if any, name claimants, if any, and any other occupants of the premises. (b) In addition to the information required by Section 712.020, the writ of possession of real property shall contain the following:

(1) A description of the real property, possession of which is to be delivered to the judgment creditor in satisfaction of the judgment.
(2) A statement that if the real property is not vacated within five days from the date of service of a copy of the writ on the occupant or, if the copy of the writ is posted, within five days from the date a copy of the writ is served on the judgment debtor, the levying officer will remove the occupants from the real property and place the judgment creditor in possession.
(3) A statement that any personal property, except a mobilehome, remaining on the real property after the judgment creditor has been placed in possession will be sold or otherwise disposed of in accordance with Section 1174 of the Code of Civil Procedure unless the judgment debtor or other owner pays the judgment creditor the reasonable cost of storage and takes possession of the personal property not later than 15 days after the time the judgment creditor takes possession of the real property.
(4) The date the complaint was filed in the action which resulted in the judgment of possession.
(5) The date or dates on which the court will hear objections to enforcement of a judgment of possession that are filed pursuant to
Section 1174.3, unless a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46.
(6) The daily rental value of the property as of the date the complaint for unlawful detainer was filed unless a summons,x complaint, and prejudgment claim of right of possession were served upon the occupants in accordance with Section 415.46.
(7) If a summons, complaint, and prejudgment claim of right to possession were served upon the occupants in accordance with Section 415.46, a statement that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the< premises.
(c) At the time the writ of possession is served or posted, the levying officer shall also serve or post a copy of the form for a claim of right to possession, unless a summons, complaint, and prejudgment claim of right to possession were served upon the
occupants in accordance with Section 415.46.

715.020. To execute the writ of possession of real property:
(a) The levying officer shall serve a copy of the writ of
possession on one occupant of the property. Service on the occupant
shall be made by leaving the copy of the writ with the occupant
personally or, in the occupant's absence, with a person of suitable
age and discretion found upon the property when service is attempted
who is either an employee or agent of the occupant or a member of the
occupant's household.
(b) If unable to serve an occupant described in subdivision (a) at
the time service is attempted, the levying officer shall execute the
writ of possession by posting a copy of the writ in a conspicuous
place on the property and serving a copy of the writ of possession on
the judgment debtor. Service shall be made personally or by mail.
If the judgment debtor's address is not known, the copy of the writ
may be served by mailing it to the address of the property.
(c) If the judgment debtor, members of the judgment debtor's
household, and any other occupants holding under the judgment debtor
do not vacate the property within five days from the date of service
on an occupant pursuant to subdivision (a) or on the judgment debtor
pursuant to subdivision (b), the levying officer shall remove the
occupants from the property and place the judgment creditor in
possession. The provisions of Section 684.120 extending time do not
apply to the five-day period specified in this subdivision.
(d) Notwithstanding subdivision (c), unless the person is named in
the writ, the levying officer may not remove any person from the
property who claims a right to possession of the property accruing
prior to the commencement of the unlawful detainer action or who
claims to have been in possession of the property on the date of the
filing of the unlawful detainer action. However, if the summons,
complaint, and prejudgment claim of right to possession were served
upon the occupants in accordance with Section 415.46, no occupant of
the premises, whether or not the occupant is named in the judgment
for possession, may object to the enforcement of the judgment as
prescribed in Section 1174.3.

715.030. The disposition of personal property remaining on the real
property after the judgment creditor is placed in possession thereof
pursuant to the writ of possession is governed by subdivisions (e)
to (m), inclusive, of Section 1174. For this purpose, references in
Section 1174 and in provisions incorporated by reference in Section
1174 to the "landlord" shall be deemed to be references to the
judgment creditor and references to the "tenant" shall be deemed to
be references to the judgment debtor or other occupant.

715.040. (a) A registered process server may execute the writ of
possession of real property as provided in subdivisions (a) and (b)
of Section 715.020 if a proper writ of possession is delivered to the
sheriff, marshal, or constable and that officer does not execute the
writ as provided in subdivisions (a) and (b) of Section 715.020
within three days (Saturday, Sunday, and legal holidays excluded)
from the day the writ is delivered to that officer. If the writ is
not executed within that time, the levying officer shall upon request
give the writ to the judgment creditor or to a registered process
server designated by the judgment creditor.
(b) Within five days after executing the writ under this section,
all of the following shall be filed with the levying officer:
(1) The writ of possession of real property.
(2) An affidavit of the registered process server stating the
manner in which the writ was executed.
(3) Proof of service of the writ.
(4) Instructions in writing, as required by the provisions of
Section 687.010.
(c) If the writ is executed by a registered process server, the
levying officer shall perform all other duties under the writ and
shall return the writ to the court.
(d) The fee for services of a registered process server under this
section may, in the court's discretion, be allowed as a recoverable
cost upon a motion pursuant to Section 685.080. If allowed, the
amount of the fee to be allowed is governed by Section 1033.5.

715.050. Except with respect to enforcement of a judgment for
money, a writ of possession issued pursuant to a judgment for
possession in an unlawful detainer action shall be enforced pursuant
to this chapter without delay, notwithstanding receipt of notice of
the filing by the defendant of a bankruptcy proceeding.
This section does not apply to a writ of possession issued for
possession of a mobilehome or manufactured home, as those terms are
defined in subdivision (a) of Section 1161a, and does not apply to a
writ of possession issued for possession of real property in a
mobilehome park subject to the Mobilehome Residency Law (Chapter 2.5
(commencing with Section 798) of Title 2 of Part 2 of Division 2 of
the Civil Code), or to a manufactured housing community, as defined
in Section 18801 of the Health and Safety Code.

1159. Every person is guilty of a forcible entry who either:
1. By breaking open doors, windows, or other parts of a house, or
by any kind of violence or circumstance of terror enters upon or into
any real property; or,
2. Who, after entering peaceably upon real property, turns out by
force, threats, or menacing conduct, the party in possession.
The "party in possession" means any person who hires real property
and includes a boarder or lodger, except those persons whose
occupancy is described in subdivision (b) of Section 1940 of the
Civil Code.

1160. Every person is guilty of a forcible detainer who either:
1. By force, or by menaces and threats of violence, unlawfully
holds and keeps the possession of any real property, whether the same
was acquired peaceably or otherwise; or,
2. Who, in the night-time, or during the absence of the occupant
of any lands, unlawfully enters upon real property, and who, after
demand made for the surrender thereof, for the period of five days,
refuses to surrender the same to such former occupant.
The occupant of real property, within the meaning of this
subdivision, is one who, within five days preceding such unlawful
entry, was in the peaceable and undisturbed possession of such lands.

1161. A tenant of real property, for a term less than life, or the
executor or administrator of his estate heretofore qualified and now
acting or hereafter to be qualified and act, is guilty of unlawful
detainer:
1. When he continues in possession, in person or by subtenant, of
the property, or any part thereof, after the expiration of the term
for which it is let to him; provided such expiration is of a
nondefault nature however brought about without the permission of his
landlord, or the successor in estate of his landlord, if any there
be; including the case where the person to be removed became the
occupant of the premises as a servant, employee, agent, or licensee
and the relation of master and servant or employer and employee or
principal and agent or licensor and licensee has been lawfully
terminated or the time fixed for such occupancy by the agreement
between the parties has expired; but nothing in this subdivision
contained shall be construed as preventing the removal of such
occupant in any other lawful manner; but in case of a tenancy at
will, it must first be terminated by notice, as prescribed in the
Civil Code.
2. When he continues in possession, in person or by subtenant,
without the permission of his landlord, or the successor in estate of
his landlord, if any there be, after default in the payment of rent,
pursuant to the lease or agreement under which the property is held,
and three days' notice, in writing, requiring its payment, stating
the amount which is due, or possession of the property, shall have
been served upon him and if there is a subtenant in actual occupation
of the premises, also upon such subtenant.
Such notice may be served at any time within one year after the
rent becomes due. In all cases of tenancy upon agricultural lands,
where the tenant has held over and retained possession for more than
60 days after the expiration of the term without any demand of
possession or notice to quit by the landlord or the successor in
estate of his landlord, if any there be, he shall be deemed to be
holding by permission of the landlord or successor in estate of his
landlord, if any there be, and shall be entitled to hold under the
terms of the lease for another full year, and shall not be guilty of
an unlawful detainer during said year, and such holding over for the
period aforesaid shall be taken and construed as a consent on the
part of a tenant to hold for another year.
3. When he continues in possession, in person or by subtenant,
after a neglect or failure to perform other conditions or covenants
of the lease or agreement under which the property is held, including
any covenant not to assign or sublet, than the one for the payment
of rent, and three days' notice, in writing, requiring the
performance of such conditions or covenants, or the possession of the
property, shall have been served upon him, and if there is a
subtenant in actual occupation of the premises, also, upon such
subtenant. Within three days after the service of the notice, the
tenant, or any subtenant in actual occupation of the premises, or any
mortgagee of the term, or other person interested in its
continuance, may perform the conditions or covenants of the lease or
pay the stipulated rent, as the case may be, and thereby save the
lease from forfeiture; provided, if the conditions and covenants of
the lease, violated by the lessee, cannot afterward be performed,
then no notice, as last prescribed herein, need be given to said
lessee or his subtenant, demanding the performance of the violated
conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this
chapter, to obtain possession of the premises let to a subtenant or
held by a servant, employee, agent, or licensee, in case of his
unlawful detention of the premises underlet to him or held by him.
4. Any tenant, subtenant, or executor or administrator of his
estate heretofore qualified and now acting, or hereafter to be
qualified and act, assigning or subletting or committing waste upon
the demised premises, contrary to the conditions or covenants of his
lease, or maintaining, committing, or permitting the maintenance or
commission of a nuisance upon the demised premises or using such
premises for an unlawful purpose, thereby terminates the lease, and
the landlord, or his successor in estate, shall upon service of three
days' notice to quit upon the person or persons in possession, be
entitled to restitution of possession of such demised premises under
the provision of this chapter.
5. When he gives written notice as provided in Section 1946 of the
Civil Code of his intention to terminate the hiring of the real
property, or makes a written offer to surrender which is accepted in
writing by the landlord, but fails to deliver up possession at the
time specified in said written notice, without the permission of his
landlord, or the successor in estate of the landlord, if any there
be.
As used in this section, tenant includes any person who hires real
property except those persons whose occupancy is described in
subdivision (b) of Section 1940 of the Civil Code.

1161.1. With respect to application of Section 1161 in cases of
possession of commercial real property after default in the payment
of rent:
(a) If the amount stated in the notice provided to the tenant
pursuant to subdivision (2) of Section 1161 is clearly identified by
the notice as an estimate and the amount claimed is not in fact
correct, but it is determined upon the trial or other judicial
determination that rent was owing, and the amount claimed in the
notice was reasonably estimated, the tenant shall be subject to
judgment for possession and the actual amount of rent and other sums
found to be due. However, if (1) upon receipt of such a notice
claiming an amount identified by the notice as an estimate, the
tenant tenders to the landlord within the time for payment required
by the notice, the amount which the tenant has reasonably estimated
to be due and (2) if at trial it is determined that the amount of
rent then due was the amount tendered by the tenant or a lesser
amount, the tenant shall be deemed the prevailing party for all
purposes. If the court determines that the amount so tendered by the
tenant was less than the amount due, but was reasonably estimated,
the tenant shall retain the right to possession if the tenant pays
to the landlord within five days of the effective date of the
judgment (1) the amount previously tendered if it had not been
previously accepted, (2) the difference between the amount tendered
and the amount determined by the court to be due, and (3) any other
sums as ordered by the court.
(b) If the landlord accepts a partial payment of rent, including
any payment pursuant to subdivision (a), after serving notice
pursuant to Section 1161, the landlord, without any further notice to
the tenant, may commence and pursue an action under this chapter to
recover the difference between the amount demanded in that notice and
the payment actually received, and this shall be specified in the
complaint.
(c) If the landlord accepts a partial payment of rent after filing
the complaint pursuant to Section 1166, the landlord's acceptance of
the partial payment is evidence only of that payment, without waiver
of any rights or defenses of any of the parties. The landlord shall
be entitled to amend the complaint to reflect the partial payment
without creating a necessity for the filing of an additional answer
or other responsive pleading by the tenant, and without prior leave
of court, and such an amendment shall not delay the matter from
proceeding. However, this subdivision shall apply only if the
landlord provides actual notice to the tenant that acceptance of the
partial rent payment does not constitute a waiver of any rights,
including any right the landlord may have to recover possession of
the property.
(d) "Commercial real property" as used in this section, means all
real property in this state except dwelling units made subject to
Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of
Division 3 of the Civil Code, mobilehomes as defined in Section
798.3 of the Civil Code, or recreational vehicles as defined in
Section 799.24 of the Civil Code.
(e) For the purposes of this section, there is a presumption
affecting the burden of proof that the amount of rent claimed or
tendered is reasonably estimated if, in relation to the amount
determined to be due upon the trial or other judicial determination
of that issue, the amount claimed or tendered was no more than 20
percent more or less than the amount determined to be due. However,
if the rent due is contingent upon information primarily within the
knowledge of the one party to the lease and that information has not
been furnished to, or has not accurately been furnished to, the other
party, the court shall consider that fact in determining the
reasonableness of the amount of rent claimed or tendered pursuant to
subdivision (a).

1161.2. (a) Except as provided in subdivision (g), in any case
filed under this chapter in municipal court, the court clerk shall
not allow access to the court file, index, register of actions, or
other court records until 60 days following the date the complaint is
filed, except pursuant to an ex parte court order upon a showing of
good cause therefor by any person including, but not limited to, a
newspaper publisher. However, the clerk of the court shall allow
access to the court file to a party in the action, an attorney of a
party in the action, or any other person who (1) provides to the
clerk the names of at least one plaintiff, one defendant, and the
address, including the apartment, unit, or space number, if
applicable, of the subject premises, or (2) provides to the clerk the
name of one of the parties or the case number and can establish
through proper identification that he or she resides at the subject
premises.
(b) For purposes of this section "good cause" includes, but is not
limited to, the gathering of newsworthy facts by a person described
in Section 1070 of the Evidence Code. It is the intent of the
Legislature that a simple procedure be established to request the ex
parte order described in subdivision (a).
(c) Except as provided in subdivision (g), upon the filing of any
case so restricted, the court clerk shall mail notice to each
defendant named in the action. The notice shall be mailed to the
address provided in the complaint. The notice shall contain a
statement that an unlawful detainer complaint (eviction action) has
been filed naming that party as a defendant, and that access to the
court file will be delayed for 60 days except to a party, an attorney
for one of the parties, or any other person who (1) provides to the
clerk the names of at least one plaintiff and one defendant in the
action and provides to the clerk the address, including any
applicable apartment, unit, or space number, of the subject premises,
or (2) provides to the clerk the name of one of the parties in the
action or the case number and can establish through proper
identification that he or she lives at the subject premises. The
notice shall also contain a statement that access to the court index,
register of actions, or other records is not permitted until 60 days
after the complaint is filed, except pursuant to an ex parte order
upon a showing of good cause therefor. The notice shall contain on
its face the name and phone number of the county bar association and
the name and phone number of an office funded by the federal Legal
Services Corporation which provides legal services to low-income
persons in the county in which the action is filed. The notice shall
state that these numbers may be called for legal advice regarding
the case. The notice shall be issued between 24 and 48 hours of the
filing of the complaint, excluding weekends and holidays. One copy
of the notice shall be addressed to "all occupants" and mailed
separately to the subject premises. The notice shall not constitute
service of the summons and complaint.
(d) Notwithstanding any other provision of law, the court shall,
upon adoption of a resolution by the board of supervisors requiring
such a fee, charge an additional fee for filing a first appearance by
the plaintiff in an amount equal in the aggregate to the actual cost
of complying with this section, but which shall not exceed a maximum
of four dollars ($4). This fee shall be included as part of the
total filing fee for actions filed under this chapter. Any such
board resolution in effect on January 1, 1994, shall remain in effect
until it is repealed.
(e) A municipal court, after consultation with local associations
of rental property owners, tenant groups, and providers of legal
services to tenants, may exempt itself from the operation of this
section upon a finding that unscrupulous eviction defense services
are not a substantial problem in the judicial district. The court
shall review the finding every 12 months. An exempt court shall not
charge the additional fee authorized in subdivision (d).
(f) The Judicial Council shall examine the extent to which
requests for access to files pursuant to an ex parte order under
subdivision (a) are granted or denied, and if denied, the reason for
the denial of access.
(g) This section shall not apply to a case which seeks to
terminate a mobilehome park tenancy if the statement of the character
of the proceeding in the caption of the complaint clearly indicates
that the complaint seeks termination of a mobilehome park tenancy.

1162. The notices required by sections 1161 and 1161a may be
served, either:
1. By delivering a copy to the tenant personally; or,
2. If he be absent from his place of residence, and from his usual
place of business, by leaving a copy with some person of suitable
age and discretion at either place, and sending a copy through the
mail addressed to the tenant at his place of residence; or,
3. If such place of residence and business can not be ascertained,
or a person of suitable age or discretion there can not be found,
then by affixing a copy in a conspicuous place on the property, and
also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the
tenant at the place where the property is situated. Service upon a
subtenant may be made in the same manner.

1166. The plaintiff, in his complaint, which shall be verified,
must set forth the facts on which he seeks to recover, and describe
the premises with reasonable certainty, and may set forth therein any
circumstances of fraud, force, or violence which may have
accompanied the alleged forcible entry or forcible or unlawful
detainer, and claim damages therefor. In case the unlawful detainer
charged is after default in the payment of rent, the complaint must
state the amount of such rent. Upon filing the complaint, a summons
must be issued thereon.

1167. 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, including Saturdays and Sundays but
excluding all other judicial holidays, after the complaint is served
upon him or her. If the last day for filing the response falls on a
Saturday or Sunday, the response period shall be extended to and
including the next court day.
In all other respects the summons shall be issued and served and
returned in the same manner as a summons in a civil action.

1167.2. (a) (1) There is hereby established a pilot project in at
least two courts selected by the Judicial Council subject to the
approval of the affected courts and the board of supervisors of each
county in which the court is located. The courts shall include the
El Cajon Municipal Court and a municipal court in the County of Los
Angeles subject to the approval of the affected courts and the board
of supervisors of each county in which the court is located.
The pilot project shall be considered successful if delays and
abuses in the unlawful detainer system are reduced, due process
protections are maintained for all parties, significant
administrative burdens are not imposed on the courts, and four of the
five following minimal standards are met:
(A) A 50 percent reduction of time from filing an unlawful
detainer action to regaining possession of property in cases in which
a deposit demand is made as compared to cases where no deposit
demand is made.
(B) No more than 5 percent of the unlawful detainer cases are
appealed in which a demand for prospective rent is made.
(C) A 40 percent reduction in total administrative and judicial
time for the courts when disposing of unlawful detainer actions in
which deposit demand is made as compared to cases in which no demand
is made.
(D) No increase in costs to the courts in cases in which a deposit
demand is made as compared to cases in which no deposit demand is
made.
(E) Less than 1 percent of the unlawful detainer cases in which a
deposit demand was made involved property subject to an outstanding
violation.
(2) Criteria to be considered for determining the success of the
pilot project shall include, but not be limited to, all of the
following:
(A) The time for disposition of unlawful detainer cases using the
pretrial rent deposit procedure as compared to cases under
subdivision 2 of Section 1161 from previous years for which records
are available and other unlawful detainer cases in the same time
period, in which a deposit is not demanded.
(B) The percentage of hearings that are contested as compared to
failures of parties to appear at the hearing, the number of deposits
ordered to be made after a hearing, the number of deposits actually
made, and the number of occasions the court found a substantial
conflict as to material fact or facts.
(C) The effect of the procedure on the ability of the parties to
prepare and present a case at the hearing.
(D) Analysis of compliance with subdivision (d) using random
samples that are sufficient to produce statistically valid data.
(E) Assessment by the courts as to the efficiency of the
procedure, and whether there was an overall increase or decrease in
the administrative burden of dealing with unlawful detainer cases.
Each court participating in the pilot project shall develop
procedures to survey participants in the process and to gather data
on its experience with the process. Survey participants shall
include, but not be limited to, members of the judiciary, court
administration, court clerks, counsel for plaintiffs and defendants,
landlords, tenants, sheriffs, and marshals.
The presiding judges of participating courts shall report on the
success of the pilot project to the Judicial Council on or before
September 30, 1997, and the Judicial Council shall report to the
Legislature on or before December 31, 1997.
(b) (1) In any action for unlawful detainer brought under
subdivision (2) of Section 1161, the plaintiff may make a demand for
a pretrial prospective rent deposit, provided the plaintiff has
alleged in the body of the unlawful detainer complaint that no
citation of a type described in subdivision (d) is outstanding as of
the date the complaint is filed. The demand shall be made in the
body of the unlawful detainer complaint, on the first page thereof
immediately under the case number, and on the summons issued by the
court.
(2) The summons and complaint shall be accompanied by a reply
form. The reply form shall be prepared by the courts participating
in the pilot project in consultation with each other to ensure
consistency. The purpose of the form is to allow the defendant to
advise the court and the plaintiff that the defendant denies the
allegations of the unlawful detainer complaint and intends to appear
and defend the action. The information to be contained in the form
shall include, but not be limited to, the following:
(A) A statement that in order for the defendant to protect his or
her rights, the form should be completed and returned to the court
immediately, but in no event later than five days from receipt of the
summons and complaint. Delivery to the court shall be by personal
delivery or by registered or certified mail, return receipt
requested, and postmarked within five days from receipt of the
summons and complaint.
(B) A statement that failure to return the form to the court in
the time and manner prescribed herein shall require the defendant to
deposit with the court the prospective rent as defined in subdivision
(e) by the date of the hearing in order to preserve the right to
have a trial of this matter.
(C) A statement that if the defendant does not return the form to
the court as prescribed herein and subsequently fails to deposit the
amount of prospective rent as defined in subdivision (e) up to and
including the date of the hearing, the court shall order judgment for
possession of the premises to be entered in favor of the plaintiff
at the pretrial hearing.
(3) Upon the filing of the proof of service of the summons and
complaint for unlawful detainer containing a demand for a pretrial
prospective rent deposit, the clerk of the court shall set a pretrial
hearing date no less than eight nor more than 13 days from the
filing of the proof of service, and give notice of that date to all
parties by first-class mail if the plaintiff pays the fee required by
Section 72055 of the Government Code, plus an additional sum in an
amount set by the court to cover actual costs of the pilot project,
including the costs of the report required by this section. The
proceeds from this additional fee shall be deposited with the county
treasurer and, upon appropriation, be available solely to the court
and the county in which the court is located and shall be used
exclusively for the support of the pilot project. Participating
courts shall report to the Judicial Council on the actual costs
associated with the pilot project by March 1, 1996, and make any
necessary adjustments to the fees to reflect the actual costs to the
court and to the county for the provision of the pilot project.
(c) (1) At the pretrial hearing, the court shall determine whether
a substantial conflict exists as to a material fact or facts
relevant to the unlawful detainer for purposes of requiring the
defendant to deposit with the clerk of the court prospective rent as
defined in subdivision (e) as a condition of continuing to trial. If
at the pretrial hearing the court determines, based upon the written
declarations or oral testimony of the parties, that (A) the
plaintiff is the landlord of the premises, the defendant failed to
pay contract rent, the defendant was properly served with a three-day
notice, and the defendant failed to tender the rent or quit the
premises, and (B) no substantial conflict exists as to a material
fact or facts relevant to the unlawful detainer after considering any
written or oral answer to the unlawful detainer complaint made by
the defendant and any and all affirmative defenses offered by the
defendant, and considering any oral testimony and written
declarations presented by all of the parties, then the court shall
have the discretion to order the defendant to deposit, with the clerk
of the court, prospective rent as defined in subdivision (e). If
the court orders a deposit of prospective rent and if the defendant
fails to make such deposit within two court days from the date of the
hearing, judgment for the plaintiff for possession of the premises
shall be entered and a writ of possession for the premises shall be
issued forthwith. If the defendant has not returned the reply form
as described in paragraph (2) of subdivision (b) in the time and
manner required, any deposit of prospective rent ordered by the court
shall be made by the date of the hearing. If a defendant has not
returned the reply form and then fails to deposit the prospective
rent on the day of the hearing, judgment for the plaintiff for
possession of the premises shall be entered and a writ of possession
shall be issued forthwith. Upon entry of judgment for possession of
the premises for the plaintiff pursuant to this subdivision, the
court shall dismiss any claim for money relief without prejudice.
(2) For purposes of the pretrial hearing held pursuant to
paragraph (1), the parties shall have the right to offer
declarations, affidavits, and documentary evidence in addition to
oral testimony of the parties, but no witnesses other than the
parties may be called to testify. The court shall consult the
parties to ascertain whether there is a substantial conflict as to a
material fact or facts relevant to the unlawful detainer. The
pretrial hearing of the case shall be informal, the object being to
dispense justice promptly, fairly, and inexpensively. Except as
provided in paragraph (3), for the purposes of the pilot project in
Los Angeles County, no attorney may take part in the conduct of the
pretrial hearing unless the attorney is appearing to maintain an
action (A) by or against himself or herself, (B) by or against a
partnership in which he or she is a general partner and in which all
the partners are attorneys, or (C) by a corporation. If an attorney
appears at the pretrial hearing to maintain an action as authorized
by this paragraph, an attorney may appear for the opposing party in
this action.
(3) Notwithstanding whether the defendant has returned the reply
form pursuant to paragraph (2) of subdivision (b), a defendant may
respond to the summons and complaint with an oral answer at the
pretrial hearing or by written answer, motion, or demurrer. An oral
answer shall, at the discretion of the court, be reduced to a writing
by the court clerk, recorded electronically, or recorded by a court
reporter. The court, in issuing its decision, shall make findings as
to the matters specified in paragraph (1) of subdivision (c),
including any defenses. The decision and findings shall be reduced
to a writing. If the defendant responds to the unlawful detainer by
demurrer or motion, any such motion or demurrer, which shall be filed
and served pursuant to Sections 1167 and 1167.3 of the Code of Civil
Procedure, shall be heard and decided at the pretrial hearing held
pursuant to this section. Notwithstanding paragraph (2) of
subdivision (c), in all counties attorneys may appear for parties
prosecuting or contesting a demurrer or motion. Notwithstanding
Section 1005, papers opposing the defendant's motion or demurrer may
be filed and personally served no later than one day prior to the day
appointed for the hearing. If the defendant fails to respond to the
unlawful detainer by written answer, motion, demurrer, or oral
answer at the pretrial hearing, the court shall order judgment for
possession of the premises to be entered in favor of the plaintiff
forthwith at the pretrial hearing.
(d) No deposit of prospective rent as defined in this section
shall be required if the defendant has paid, or deposited with the
court, all rent through the month in which the action is filed. No
deposit of rent pursuant to this section shall be required if the
action involves premises as to which, as of the date the complaint
was filed, there was an outstanding citation issued by a state or
local government agency for violations of law pertaining to health,
safety, housing, building, or fire standards.
(e) "Prospective rent," for purposes of this section, means up to
15 days' prospective rent not to exceed five hundred dollars ($500).
The prospective rent shall be calculated on a prorated basis
utilizing a 30-day rental period and the lowest monthly rent charged
for the premises during the prior six months of the defendant's
occupancy. Any deposit made by the defendant pursuant to this
section shall be deposited with the clerk, by cash, cashier's check,
or money order made payable to the clerk. Receipt of the deposit
shall be acknowledged in writing and deposited and retained by the
clerk pursuant to Section 24353 of the Government Code until further
order of the court. The receipt and amount of a deposit of
prospective rent shall be included in the order of the court at the
conclusion of the pretrial hearing.
(f) If at trial the court determines that a breach of the warranty
of habitability has occurred, which is not caused by the defendant,
or his or her guests or invitees, sufficient to diminish the value of
the premises in an amount greater than 60 percent of the contract
rent, and that the defendant had given the owner notice to repair or
eliminate the breach, the court shall order the entire amount of
prospective rent deposited by the defendant pursuant to this section
returned to the defendant. In this case, the obligation of payment
of past rent for the period covered by the eviction notice shall be
extinguished. In order to remain in the premises, the defendant
shall pay the reduced rent from the time of trial until the defect is
cured. The rights and remedies in this paragraph are in addition to
any other rights and remedies relating to the habitability of
dwelling units.
(g) Notwithstanding paragraph (1) of subdivision (c), any deposit
made by the defendant pursuant to this section shall be awarded to
the party entitled thereto by the trial court and the defendant shall
be given credit to the extent of the deposit against any money
judgment ordered against the defendant in a subsequent action.
(h) This section does not apply to actions for possession of a
mobilehome or manufactured home, as those terms are defined in
subdivision (a) of Section 1161a, and does not apply to actions for
possession of real property in a mobilehome park subject to the
Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798)
of Title 2 of Part 2 of Division 2 of the Civil Code), or to a
manufactured housing community, as defined in Section 18801 of the
Health and Safety Code.
(i) Section 473 shall apply to this section.
(j) This section shall become operative on July 1, 1995. This
section shall become inoperative on July 1, 1998, and shall be
repealed on January 1, 1999, unless a later enacted statute, which is
enacted before January 1, 1999, deletes or extends that date.

1167.25. (a) Notwithstanding Section 415.46, in addition to the
service of a summons and complaint in an action for unlawful
detainer, filed pursuant to Section 1167.2, upon a tenant and
subtenant, if any, as prescribed in Section 415.46, a prejudgment
claim of right to possession, and a reply form as described in
Section 1167.2 may also be served on any person who appears to be or
who may claim to have occupied the premises at the time of the filing
of the action. Service upon occupants shall be made pursuant to
subdivision (c) of Section 415.46 by serving a copy of a prejudgment
claim of right to possession, as specified in subdivision (b),
attached to a copy of the summons and complaint, and a reply form as
described in Section 1167.2 at the same time service is made upon the
tenant and subtenant, if any.
(b) When an action for unlawful detainer is filed pursuant to
Section 1167.2, the prejudgment claim of right to possession shall be
made on the following form:
(c) Notwithstanding Section 1174.25, any occupant who is served
with a prejudgment claim of right to possession in accordance with
this section may file a claim, as prescribed in this section, and a
reply form, as described in Section 1167.2, with the court within
five days of the date of service of the prejudgment claim to right of
possession as shown on the return of service, which period shall
include Saturday and Sunday, but excluding all other judicial
holidays.
(d) At the time of filing, the claimant shall be added as a
defendant in the action for unlawful detainer, filed pursuant to
Section 1167.2, and the clerk shall notify the plaintiff that the
claimant has been added as a defendant in the action by mailing a
copy of the claim filed with the court to the plaintiff with a
notation so indicating. Thereafter, the name of the claimant shall
be added to any pleading, filing, or form filed in the action for
unlawful detainer filed pursuant to Section 1167.2. Upon filing of
the claim, the claimant shall comply with all of the provisions of
Section 1167.2 just as any named defendant. Further, the claimant
shall also be liable for the posting of a prospective rent deposit as
described in subdivision (e) of Section 1167.2 as a condition of
continuing to trial.

1167.3. In any action under this chapter, unless otherwise ordered
by the court for good cause shown, the time allowed the defendant to
answer the complaint, answer the complaint, if amended, or amend the
answer under subdivision (2), (3), (5), (6), or (7) of Section 586
shall not exceed five days.

1167.4. Notwithstanding any other provision of law, in any action
under this chapter:
(a) Where the defendant files a notice of motion as provided for
in subdivision (a) of Section 418.10, the time for making the motion
shall be not less than three days nor more than seven days after the
filing of the notice.
(b) The service and filing of a notice of motion under subdivision
(a) shall extend the defendant's time to plead until five days after
service upon him of the written notice of entry of an order denying
his motion, except that for good cause shown the court may extend the
defendant's time to plead for an additional period not exceeding 15
days.

1167.5. Unless otherwise ordered by the court for good cause shown,
no extension of time allowed in any action under this chapter for
the causes specified in Section 1054 shall exceed 10 days without the
consent of the adverse party.

1169. If at the time appointed any defendant served with a summons
does not appear and defend, the clerk, or the judge if there is no
clerk, upon written application of the plaintiff and proof of the
service of summons and complaint, shall enter the default of any
defendant so served, and, if requested by the plaintiff, immediately
shall enter judgment for restitution of the premises and shall issue
a writ of execution thereon. The application for default judgment
and the default judgment shall include a place to indicate that the
judgment includes tenants, subtenants, if any, named claimants, if
any, and any other occupants of the premises. Thereafter, the
plaintiff may apply to the court for any other relief demanded in the
complaint, including the costs, against the defendant, or
defendants, or against one or more of the defendants.

1170. On or before the day fixed for his appearance, the defendant
may appear and answer or demur.

1170.5. (a) If the defendant appears pursuant to Section 1170,
trial of the proceeding shall be held not later than the 20th day
following the date that the request to set the time of the trial is
made. Judgment shall be entered thereon and, if the plaintiff
prevails, a writ of execution shall be issued immediately by the
court upon the request of the plaintiff.
(b) The court may extend the period for trial upon the agreement
of all of the parties. No other extension of the time for trial of
an action under this chapter may be granted unless the court, upon
its own motion or on motion of any party, holds a hearing and renders
a decision thereon as specified in subdivision (c).
(c) If trial is not held within the time specified in this
section, the court, upon finding that there is a reasonable
probability that the plaintiff will prevail in the action, shall
determine the amount of damages, if any, to be suffered by the
plaintiff by reason of the extension, and shall issue an order
requiring the defendant to pay that amount into court as the rent
would have otherwise become due and payable or into an escrow
designated by the court for so long as the defendant remains in
possession pending the termination of the action.
The determination of the amount of the payment shall be based on
the plaintiff's verified statement of the contract rent for rental
payment, any verified objection thereto filed by the defendant, and
the oral or demonstrative evidence presented at the hearing. The
court's determination of the amount of damages shall include
consideration of any evidence, presented by the parties, embracing
the issue of diminution of value or any set off permitted by law.
(d) If the defendant fails to make a payment ordered by the court,
trial of the action shall be held within 15 days of the date payment
was due.
(e) Any cost for administration of an escrow account pursuant to
this section shall be recoverable by the prevailing party as part of
any recoverable cost in the action.
(f) After trial of the action, the court shall determine the
distribution of the payment made into court or the escrow designated
by the court.
(g) Where payments into court or the escrow designated by the
court are made pursuant to this section, the court may order that the
payments be invested in an insured interest-bearing account.
Interest on the account shall be allocated to the parties in the same
proportions as the original funds are allocated.
(h) If any provision of this section or the application thereof to
any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of the section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(i) Nothing in this section shall be construed to abrogate or
interfere with the precedence given to the trial of criminal cases
over the trial of civil matters by Section 1050 of the Penal Code.

1170.7. A motion for summary judgment may be made at any time after
the answer is filed upon giving five days notice. Summary judgment
shall be granted or denied on the same basis as a motion under
Section 437c.

1171. Whenever an issue of fact is presented by the pleadings, it
must be tried by a jury, unless such jury be waived as in other
cases. The jury shall be formed in the same manner as other trial
juries in the Court in which the action is pending.

1172. On the trial of any proceeding for any forcible entry or
forcible detainer, the plaintiff shall only be required to show, in
addition to the forcible entry or forcible detainer complained of,
that he was peaceably in the actual possession at the time of the
forcible entry, or was entitled to the possession at the time of the
forcible detainer. The defendant may show in his defense that he or
his ancestors, or those whose interest in such premises he claims,
have been in the quiet possession thereof for the space of one whole
year together next before the commencement of the proceedings, and
that his interest therein is not then ended or determined; and such
showing is a bar to the proceedings.

1173. When, upon the trial of any proceeding under this chapter, it
appears from the evidence that the defendant has been guilty of
either a forcible entry or a forcible or unlawful detainer, and other
than the offense charged in the complaint, the Judge must order that
such complaint be forthwith amended to conform to such proofs; such
amendment must be made without any imposition of terms. No
continuance shall be permitted upon account of such amendment unless
the defendant, by affidavit filed, shows to the satisfaction of the
Court good cause therefor.

1174. (a) If upon the trial, the verdict of the jury, or, if the
case be tried without a jury, the findings of the court be in favor
of the plaintiff and against the defendant, judgment shall be entered
for the possession of the premises; and if the proceedings be for an
unlawful detainer after neglect, or failure to perform the
conditions or covenants of the lease or agreement under which the
property is held, or after default in the payment of rent, the
judgment shall also declare the forfeiture of that lease or agreement
if the notice required by Section 1161 states the election of the
landlord to declare the forfeiture thereof, but if that notice does
not so state that election, the lease or agreement shall not be
forfeited.
Except as provided in Section 1166a, in any action for unlawful
detainer brought by a petroleum distributor against a gasoline
dealer, possession shall not be restored to the petroleum distributor
unless the court in the unlawful detainer action determines that the
petroleum distributor had good cause under Section 20999.1 of the
Business and Professions Code to terminate, cancel, or refuse to
renew the franchise of the gasoline dealer.
In any action for unlawful detainer brought by a petroleum
distributor against the gasoline dealer, the court may, at the time
of request of either party, require the tenant to make rental
payments into the court, for the lessor, at the contract rate,
pending the resolution of the action.
(b) The jury or the court, if the proceedings be tried without a
jury, shall also assess the damages occasioned to the plaintiff by
any forcible entry, or by any forcible or unlawful detainer, alleged
in the complaint and proved on the trial, and find the amount of any
rent due, if the alleged unlawful detainer be after default in the
payment of rent. If the defendant is found guilty of forcible entry,
or forcible or unlawful detainer, and malice is shown, the plaintiff
may be awarded statutory damages of up to six hundred dollars
($600), in addition to actual damages, including rent found due. The
trier of fact shall determine whether actual damages, statutory
damages, or both, shall be awarded, and judgment shall be entered
accordingly.
(c) When the proceeding is for an unlawful detainer after default
in the payment of rent, and the lease or agreement under which the
rent is payable has not by its terms expired, and the notice required
by Section 1161 has not stated the election of the landlord to
declare the forfeiture thereof, the court may, and, if the lease or
agreement is in writing, is for a term of more than one year, and
does not contain a forfeiture clause, shall order that a writ shall
not be issued to enforce the judgment until the expiration of five
days after the entry of the judgment, within which time the tenant,
or any subtenant, or any mortgagee of the term, or any other party
interested in its continuance, may pay into the court, for the
landlord, the amount found due as rent, with interest thereon, and
the amount of the damages found by the jury or the court for the
unlawful detainer, and the costs of the proceedings, and thereupon
the judgment shall be satisfied and the tenant be restored to the
tenant's estate. If payment as provided in this subdivision is not
made within five days, the judgment may be enforced for its full
amount and for the possession of the premises. In all other cases
the judgment may be enforced immediately.
(d) Subject to subdivision (c), the judgment for possession of the
premises may be enforced as provided in Division 3 (commencing with
Section 712.010) of Title 9 of Part 2.
(e) Personal property remaining on the premises which the landlord
reasonably believes to have been lost shall be disposed of pursuant
to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6
of Part 4 of Division 3 of the Civil Code. The landlord is
not
liable to the owner of any property which is disposed of in this
manner. If the appropriate police or sheriff's department refuses to
accept that property, it shall be deemed not to have been lost for
the purposes of this subdivision.
(f) The landlord shall give notice pursuant to Section 1983 of the
Civil Code to any person (other than the tenant) reasonably believed
by the landlord to be the owner of personal property remaining on
the premises unless the procedure for surrender of property under
Section 1965 of the Civil Code has been initiated or completed.
(g) The landlord shall store the personal property in a place of
safekeeping until it is either released pursuant to subdivision (h)
or disposed of pursuant to subdivision (i).
(h) The landlord shall release the personal property pursuant to
Section 1965 of the Civil Code or shall release it to the tenant or,
at the landlord's option, to a person reasonably believed by the
landlord to be its owner if the tenant or other person pays the costs
of storage as provided in Section 1990 of the Civil Code and claims
the property not later than the date specified in the writ of
possession before which the tenant must make his or her claim or the
date specified in the notice before which a person other than the
tenant must make his or her claim.
(i) Personal property not released pursuant to subdivision (h)
shall be disposed of pursuant to Section 1988 of the Civil Code.
(j) Where the landlord releases personal property to the tenant
pursuant to subdivision (h), the landlord is not liable with respect
to that property to any person.
(k) Where the landlord releases personal property pursuant to
subdivision (h) to a person (other than the tenant) reasonably
believed by the landlord to be its owner, the landlord is not
liable
with respect to that property to:
(1) The tenant or to any person to whom notice was given pursuant
to subdivision (f); or
(2) Any other person, unless that person proves that, prior to
releasing the property, the landlord believed or reasonably should
have believed that the person had an interest in the property and
also that the landlord knew or should have known upon reasonable
investigation the address of that person.
(l) Where personal property is disposed of pursuant to Section
1988 of the Civil Code, the landlord is not liable with
respect to
that property to:
(1) The tenant or to any person to whom notice was given pursuant
to subdivision (f); or
(2) Any other person, unless that person proves that, prior to
disposing of the property pursuant to Section 1988 of the Civil Code,
the landlord believed or reasonably should have believed that the
person had an interest in the property and also that the landlord
knew or should have known upon reasonable investigation the address
of that person.
(m) For the purposes of subdivisions (e), (f), (h), (k), and (l),
the terms "owner," "premises," and "reasonable belief" have the same
meaning as provided in Section 1980 of the Civil Code.

1174.3. (a) Unless a prejudgment claim of right to possession has
been served upon occupants in accordance with Section 415.46 or
1167.25, any occupant not named in the judgment for possession who
occupied the premises on the date of the filing of the action may
object to enforcement of the judgment against that occupant by filing
a claim of right to possession as prescribed in this section. A
claim of right to possession may be filed at any time after service
or posting of the writ of possession pursuant to subdivision (a) or
(b) of Section 715.020, up to and including the time at which the
levying officer returns to effect the eviction of those named in the
judgment of possession. Filing the claim of right to possession
shall constitute a general appearance for which a fee shall be
collected as provided in Section 72056 of the Government Code.
Section 68511.3 of the Government Code applies to the claim of right
to possession. An occupant or tenant who is named in the action
shall not be required to file a claim of right to possession to
protect that occupant's right to possession of the premises.
(b) The court issuing the writ of possession of real property
shall set a date or dates when the court will hold a hearing to
determine the validity of objections to enforcement of the judgment
specified in subdivision (a). An occupant of the real property for
which the writ is issued may make an objection to eviction to the
levying officer at the office of the levying officer or at the
premises at the time of the eviction.
If a claim of right to possession is completed and presented to
the sheriff, marshal, or other levying officer, the officer shall
forthwith (1) stop the eviction of occupants at the premises, and (2)
provide a receipt or copy of the completed claim of right of
possession to the claimant indicating the date and time the completed
form was received, and (3) deliver the original completed claim of
right to possession to the court issuing the writ of possession of
real property.
(c) A claim of right to possession is effected by any of the
following:
(1) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, an amount equal to 15 days' rent
together with the appropriate fee or form for proceeding in forma
pauperis. Upon receipt of a claim of right to possession, the
sheriff, marshal, or other levying officer shall indicate thereon the
date and time of its receipt and forthwith deliver the original to
the issuing court and a receipt or copy of the claim to the claimant
and notify the plaintiff of that fact. Immediately upon receipt of
an amount equal to 15 days' rent and the appropriate fee or form for
proceeding in forma pauperis, the court shall file the claim of right
to possession and serve an endorsed copy with the notice of the
hearing date on the plaintiff and the claimant by first-class mail.
The court issuing the writ of possession shall set and hold a hearing
on the claim not less than five nor more than 15 days after the
claim is filed with the court.
(2) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, the appropriate fee or form for
proceeding in forma pauperis without delivering the amount equivalent
to 15 days' rent. In this case, the court shall immediately set a
hearing on the claim to be held on the fifth day after the filing is
completed. The court shall notify the claimant of the hearing date
at the time the claimant completes the filing by delivering to the
court the appropriate fee or form for proceeding in forma pauperis,
and shall notify the plaintiff of the hearing date by first-class
mail. Upon receipt of a claim of right to possession, the sheriff,
marshal, or other levying officer shall indicate thereon the date and
time of its receipt and forthwith deliver the original to the
issuing court and a receipt or copy of the claim to the claimant and
notify the plaintiff of that fact.
(d) At the hearing, the court shall determine whether there is a
valid claim of possession by the claimant who filed the claim, and
the court shall consider all evidence produced at the hearing,
including, but not limited to, the information set forth in the
claim. The court may determine the claim to be valid or invalid
based upon the evidence presented at the hearing. The court shall
determine the claim to be invalid if the court determines that the
claimant is an invitee, licensee, guest, or trespasser. If the court
determines the claim is invalid, the court shall order the return to
the claimant of the amount of the 15 days' rent paid by the
claimant, if that amount was paid pursuant to paragraphs (1) or (3)
of subdivision (c), less a pro rata amount for each day that
enforcement of the judgment was delayed by reason of making the claim
of right to possession, which pro rata amount shall be paid to the
landlord. If the court determines the claim is valid, the amount
equal to 15 days' rent paid by the claimant shall be returned
immediately to the claimant.
(e) If, upon hearing, the court determines that the claim is
valid, then the court shall order further proceedings as follows:
(1) If the unlawful detainer is based upon a curable breach, and
the claimant was not previously served with a proper notice, if any
notice is required, then the required notice may at the plaintiff's
discretion be served on the claimant at the hearing or thereafter.
If the claimant does not cure the breach within the required time,
then a supplemental complaint may be filed and served on the claimant
as defendant if the plaintiff proceeds against the claimant in the
same action. For the purposes of this section only, service of the
required notice, if any notice is required, and of the supplemental
complaint may be made by first-class mail addressed to the claimant
at the subject premises or upon his or her attorney of record and, in
either case, Section 1013 shall otherwise apply. Further
proceedings on the merits of the claimant's continued right to
possession after service of the Summons and Supplemental Complaint as
prescribed by this subdivision shall be conducted pursuant to this
chapter.
(2) In all other cases, the court shall deem the unlawful detainer
Summons and Complaint to be amended on their faces to include the
claimant as defendant, service of the Summons and Complaint, as thus
amended, may at the plaintiff's discretion be made at the hearing or
thereafter, and the claimant thus named and served as a defendant in
the action shall answer or otherwise respond within five days
thereafter.
(f) If a claim is made without delivery to the court of the
appropriate filing fee or a form for proceeding in forma pauperis, as
prescribed in this section, the claim shall be immediately deemed
denied and the court shall so order. Upon the denial of the claim,
the court shall immediately deliver an endorsed copy of the order to
the levying officer and shall serve an endorsed copy of the order on
the plaintiff and claimant by first-class mail.
(g) If the claim of right to possession is denied pursuant to
subdivision (f), or if the claimant fails to appear at the hearing
or, upon hearing, if the court determines that there are no valid
claims, or if the claimant does not prevail at a trial on the merits
of the unlawful detainer action, the court shall order the levying
officer to proceed with enforcement of the original writ of
possession of real property as deemed amended to include the
claimant, which shall be effected within a reasonable time not to
exceed five days. Upon receipt of the court's order, the levying
officer shall enforce the writ of possession of real property against
any occupant or occupants.
(h) The claim of right to possession shall be made on the
following form:

1176. (a) An appeal taken by the defendant shall not automatically
stay proceedings upon the judgment. Petition for stay of the
judgment pending appeal shall first be directed to the judge before
whom it was rendered. Stay of judgment shall be granted when the
court finds that the moving party will suffer extreme hardship in the
absence of a stay and that the nonmoving party will not be
irreparably injured by its issuance. If the stay is denied by the
trial court, the defendant may forthwith file a petition for an
extraordinary writ with the appropriate appeals court. If the trial
or appellate court stays enforcement of the judgment, the court may
condition the stay on whatever conditions the court deems just, but
in any case it shall order the payment of the reasonable monthly
rental value to the court monthly in advance as rent would otherwise
become due as a condition of issuing the stay of enforcement. As
used in this subdivision, "reasonable rental value" means the
contract rent unless the rental value has been modified by the trial
court in which case that modified rental value shall be used.
(b) A new cause of action on the same agreement for the rental of
real property shall not be barred because of an appeal by any party.

1179. The Court may relieve a tenant against a forfeiture of a
lease, and restore him to his former estate, in case of hardship,
where application for such relief is made within thirty days after
the forfeiture is declared by the judgment of the Court, as provided
in section one thousand one hundred and seventy-four. The
application may be made by a tenant or sub-tenant, or a mortgagee of
the term, or any person interested in the continuance of the term.
It must be made upon petition, setting forth the facts upon which the
relief is sought, and be verified by the applicant. Notice of the
application, with a copy of the petition, must be served on the
plaintiff in the judgment, who may appear and contest the
application. In no case shall the application be granted except on
condition that full payment of rent due, or full performance of
conditions or covenants stipulated, so far as the same is
practicable, be made.

1179a. In all proceedings brought to recover the possession of real
property pursuant to the provisions of this chapter all courts,
wherein such actions are or may hereafter be pending, shall give such
actions precedence over all other civil actions therein, except
actions to which special precedence is given by law, in the matter of
the setting the same for hearing or trial, and in hearing the same,
to the end that all such actions shall be quickly heard and
determined.