§ 1167.1.Dismissal For Failure to File Proof of Service

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 2016 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1167.1 lets a court dismiss an unlawful detainer action without prejudice if proof that the summons was served has not been filed within sixty days after the complaint itself was filed.

Full Text of § 1167.1

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If proof of service of the summons has not been filed within 60 days of the complaint's filing, the court may dismiss the action without prejudice.

Plain-English Summary

Filing an unlawful detainer complaint starts the clock on serving it, too. If sixty days pass after the complaint is filed and no proof of service of the summons has been filed with the court, the court may dismiss the action.

The dismissal is without prejudice, so a plaintiff who loses the case this way isn't barred from refiling and trying again with proper, timely service. This section functions as a backstop that keeps unlawful detainer dockets from accumulating cases where service was never completed or documented.

Frequently Asked Questions

What happens if a landlord files an unlawful detainer complaint but never files proof the summons was served?

The court may dismiss the action, but only without prejudice, once sixty days have passed since the complaint was filed without proof of service being filed.

Does this dismissal stop the landlord from filing again?

No. Because the dismissal is without prejudice, the landlord may file a new action and properly serve and document service the second time.

Amendment History

Added by Stats 2016 ch 336 (AB 2819),s 4, eff. 1/1/2017.

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: eviction case dismissed no proof of service california60 day rule unlawful detainer service california