(a) Notice In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a motion for summary judgment must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.7. (Subd (a) amended effective January 1, 2016.)
Rule 3.1351.Motions for summary judgment in summary proceeding involving possession of real property
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 5. Summary Judgment Motions · Last amended 2016 · Last verified July 29, 2026
In one sentenceRule 3.1351 applies the accelerated notice and opposition timing of unlawful detainer cases — service under Code of Civil Procedure section 1170.7 — to motions for summary judgment in those cases, letting opposition be argued orally at the hearing or filed in writing no later than the court day before it.
Full Text of Rule 3.1351
(b) Opposition and reply at hearing Any opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c).
(c) Written opposition in advance of hearing If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be filed and served on or before the court day before the hearing. Service must be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later. (Subd (c) amended effective January 1, 2016.)
Plain-English Summary
Ordinary summary judgment motions in California run on a lengthy notice clock, which does not fit an unlawful detainer case designed to reach trial within weeks. Rule 3.1351 substitutes a faster schedule for that setting. In an unlawful detainer action or other proceeding for possession of real property, notice of a summary judgment motion follows Code of Civil Procedure section 1170.7 instead of the standard motion notice periods.
Opposition follows the same accelerated pattern that governs discovery motions in these cases under Rule 3.1347. A party can argue opposition and reply orally at the hearing itself, or file written opposition in advance — but if filing in advance, the papers are due no later than the court day before the hearing, served by a method reasonably calculated to reach the other side by the close of business that day. The court can still consider a late filing at its discretion, though nothing guarantees it will.
Frequently Asked Questions
What notice period applies to a summary judgment motion in a California unlawful detainer case?
Code of Civil Procedure section 1170.7 timing, not the notice period that applies to ordinary summary judgment motions, under Rule 3.1351(a).
Can you oppose an unlawful detainer summary judgment motion orally at the hearing?
Yes. Rule 3.1351(b) allows opposition and reply to be made orally at the hearing or in writing under subdivision (c).
When is written opposition due for a summary judgment motion in an unlawful detainer case?
On or before the court day before the hearing, under Rule 3.1351(c), unless the court exercises discretion to consider a later filing.
Amendment History
Rule 3.1351 amended effective January 1, 2016; adopted effective January 1, 2009.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: unlawful detainer summary judgment motion CaliforniaCCP 1170.7 notice summary judgmenteviction case summary judgment deadline California