A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c.
§ 1170.7.Motion For Summary Judgment
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 1620 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1170.7 lets either side move for summary judgment at any time after the answer is filed on just five days' notice, with the motion granted or denied under the same standard used for ordinary civil summary judgment motions under § 437c.
Full Text of § 1170.7
Plain-English Summary
Summary judgment isn't reserved for ordinary civil cases with months of lead time. Once the answer is on file in an unlawful detainer case, either party can move for it on five days' notice — a fraction of the notice period § 437c requires for a general civil motion of the same kind.
The compressed timeline doesn't change what the court is looking for. The motion still turns on whether there's a triable issue of material fact, decided the same way § 437c decides any other summary judgment motion. What's different here is speed: the whole point of the unlawful detainer scheme is to resolve possession disputes quickly, and this section lets a case with no real factual dispute end well before trial.
Frequently Asked Questions
How much notice is required for a summary judgment motion in a California eviction case?
Five days, far shorter than the notice period for an ordinary civil summary judgment motion.
What standard does the court use to decide the motion?
The same standard as any other summary judgment motion under § 437c — whether there's a triable issue of material fact.
Can a tenant bring this motion, or only the landlord?
Either party can move for summary judgment under § 1170.7 once the answer has been filed.
Amendment History
Added by Stats. 1982, Ch. 1620, Sec. 3.
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: unlawful detainer summary judgment californiaeviction motion for summary judgment california