Rule 3.1327.Motions to quash or to stay action in summary proceeding involving possession of real property

Unlawful detainer and the other summary possession proceedings under Code of Civil Procedure part 3, title 3, chapter 4, commencing at section 1159, move faster than ordinary civil cases because possession of real property is at stake and delay hurts whoever holds the stronger claim. A party facing that kind of action still needs a way to challenge the court's jurisdiction through a motion to quash service, or to argue the case belongs in a different forum through a motion to stay or dismiss for inconvenient forum, so rule 3.1327 fits those challenges into the compressed timeline. Notice of either motion must comply with Code of Civil Procedure sections 1010.6 or 1013, and 1167.4, the statutes governing service in these summary proceedings.

Opposition does not have to be written. Rule 3.1327(b) allows a party to oppose or reply orally at the hearing itself. A party who wants the court to consider written opposition in advance instead has to get it filed and served on or before the court day before the hearing, using personal delivery, electronic service, fax transmission, express mail, or another method under Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, or 1013 reasonably calculated to reach the other side by the close of business that day. Even then, rule 3.1327(c) leaves the court discretion to consider written opposition filed later than that deadline.