Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proceeding.
§ 1165.Applicability of Procedures Relating to Civil Actions
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1165 applies the general civil-action rules on parties found in Part 2 of the Code of Civil Procedure to unlawful detainer proceedings, except to the extent § 1164 sets out different rules specific to this chapter.
Full Text of § 1165
Plain-English Summary
Unlawful detainer is a summary proceeding with its own accelerated rules, but it does not exist in isolation from the rest of California civil procedure. This section confirms that the ordinary rules governing parties to civil actions, found in Part 2 of this code, still apply here.
The only limit is § 1164, the immediately preceding section, which narrows who must be named as a defendant and how judgment binds later occupants and subtenants. Wherever § 1164 doesn't speak to a particular question about parties, the general Part 2 rules fill the gap.
Frequently Asked Questions
Do general civil procedure rules about parties apply to unlawful detainer cases?
Yes. Section 1165 makes Part 2's party rules applicable to this proceeding, except where § 1164 sets a different, more specific rule.
Why does unlawful detainer need this cross-reference at all?
Because § 1164 already modifies the ordinary party rules for this fast-moving proceeding, this section clarifies that everything Part 2 provides beyond those modifications still governs.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: civil procedure rules apply unlawful detainer california