Notwithstanding any other provision of law, in any action under this chapter:
§ 1167.4.Notice of Motion As Provided For In Section 418.10(a) Filed By Defendant
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 1971 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1167.4 requires a defendant's motion under § 418.10(a) in an unlawful detainer case to be heard between three and seven days after filing, and extends the defendant's time to plead until five days after notice the motion was denied, with up to fifteen additional days available for good cause.
Full Text of § 1167.4
(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.
Plain-English Summary
A defendant who wants to challenge service, jurisdiction, or venue in an unlawful detainer case files a motion under § 418.10(a), and this section sets that motion on a tight and specific clock. The hearing must be scheduled no less than three days and no more than seven days after the notice of motion is filed — far faster than an ordinary civil motion's timeline.
Filing and serving that motion automatically extends the defendant's time to plead. The new deadline runs until five days after the defendant is served with written notice that the motion was denied. If more time is needed, the court can extend that further, but the additional period cannot exceed fifteen days even with good cause shown.
Frequently Asked Questions
How quickly is a motion to quash service heard in an unlawful detainer case?
Between three and seven days after the notice of motion is filed, under § 1167.4(a).
What happens to the defendant's time to answer while that motion is pending?
It's extended until five days after the defendant is served with written notice that the motion was denied.
Can the court give the defendant even more time to plead after that?
Yes, for good cause, but the extension cannot exceed fifteen additional days.
Amendment History
Added by Stats. 1971, Ch. 1332.
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: motion to quash unlawful detainer california418.10 motion eviction case california