In any action under this chapter, a discovery motion may be made at any time upon giving five days' notice.
§ 1170.8.Discovery Motion
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1170.8 allows a discovery motion in any unlawful detainer case to be made at any time on just five days' notice, a far shorter window than discovery motions get in ordinary civil litigation.
Full Text of § 1170.8
Plain-English Summary
Discovery disputes don't get the extended timelines they'd have in an ordinary lawsuit. Section 1170.8 lets either party bring a discovery motion — for example, to compel answers or force compliance with a request — at any point in the case, on only five days' notice.
That compression fits the rest of this chapter's design. An eviction case is meant to move quickly toward trial, and a discovery fight that dragged on for weeks would undercut that purpose. Section 1170.9 fills in the rest of the picture by directing the Judicial Council to set the actual deadlines for opposition and reply papers on motions like this one.
Frequently Asked Questions
How much notice is required for a discovery motion in a California eviction case?
Five days, under § 1170.8 — considerably shorter than in ordinary civil litigation.
Can both the landlord and the tenant use this shortened discovery motion procedure?
Yes, either party may bring a discovery motion under this section at any time in the action.
Why are eviction discovery deadlines shorter than in other civil cases?
Because unlawful detainer proceedings are designed to move quickly to trial, so the discovery process is compressed to match.
Amendment History
Added by Stats 2007 ch 113 (AB 1126),s 1, eff. 1/1/2008.
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: discovery motion unlawful detainer californiaeviction discovery motion notice california