§ 1167.Summons; Defendant's Response
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2025 · Last verified July 29, 2026
Full Text of § 1167
Plain-English Summary
Speed is the defining feature of unlawful detainer procedure, and this section is where that shows up in the summons itself. The form matches the standard civil summons required by § 412.20, but the response deadline is dramatically shorter: ten days, excluding Saturdays, Sundays, and other judicial holidays, rather than the thirty calendar days an ordinary civil defendant gets.
Subdivision (b) adds breathing room only in specific circumstances — when service was completed by mail, or in person through the Secretary of State's confidential address program for survivors of abuse or stalking, the defendant gets five additional court days beyond the standard ten. Subdivision (c) otherwise treats this summons like any other civil summons for issuance, service, and return.
This tight timeline connects directly to §§ 1167.1 through 1167.5, which police the deadlines on both sides — dismissal if proof of service isn't filed promptly, and firm caps on extensions for answering or moving.
Frequently Asked Questions
How long does a defendant have to respond to an unlawful detainer summons?
Ten days, excluding Saturdays, Sundays, and other judicial holidays, counted from when the complaint is served — far shorter than the thirty calendar days in an ordinary civil case.
Does that deadline ever get extended?
Yes, by five additional court days if service was completed by mail or in person through the Secretary of State's confidential address program under Government Code § 6205 and following.
Is the summons form different from an ordinary civil summons?
No, it uses the same form specified in § 412.20; only the response deadline and, in most respects, the issuance and service rules differ.
What happens if the summons isn't served and proof of service filed quickly?
Section 1167.1 lets the court dismiss the action without prejudice if proof of service of the summons hasn't been filed within 60 days of the complaint being filed.
Amendment History
Amended by Stats 2024 ch 512 (AB 2347),s 1, eff. 1/1/2025. Amended by Stats 2022 ch 686 (AB 1726),s 3, eff. 1/1/2023. Amended by Stats 2018 ch 260 (AB 2343),s 2, eff. 1/1/2019.