(a) On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint.
§ 1170.Appearance By Defendant
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2026 · Last verified July 29, 2026
In one sentenceSection 1170 lets a defendant answer, demur, or move to strike the complaint by the appearance deadline, requires a hearing on any demurrer or motion to strike within five to seven court days of filing (extendable for good cause), and sets a same-day-before deadline for written opposition.
Full Text of § 1170
(1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint or any portion thereof, the hearing on the motion shall be not less than five court days nor more than seven court days after the filing of the notice of motion. All moving and supporting papers shall accompany the notice of the motion and shall be served in compliance with this section and Section 1010.6 or 1013.
(2) Notwithstanding paragraph (1), the court may order the hearing held on a later date upon the written stipulation of the parties. In the case of a residential tenancy, the court, for good cause shown, may order the hearing held on a later date on notice prescribed by the court. In the case of a commercial tenancy, the court, for good cause shown, may order the hearing held on a later date not to exceed 10 court days after the first date set for a hearing on the motion.
(c) An opposition and reply to an opposition may be made orally at the time of the hearing. If a party seeks to have a written opposition considered in advance of the hearing, the written opposition shall be filed and served on or before the court day before the hearing. Service shall be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later.
Plain-English Summary
Once the defendant appears, the case can go a few different ways. Subdivision (a) gives three options by the appearance deadline: answer the complaint, demur to it, or move to strike part of it. Whichever route the defendant picks, the case keeps moving on an accelerated clock.
That clock is the point of subdivision (b). A hearing on a demurrer or motion to strike has to happen no less than five and no more than seven court days after the notice of motion is filed, with all supporting papers filed and served alongside it. The parties can stipulate in writing to push the date back, and the court can grant more room for good cause — an open-ended extension for a residential tenancy, but capped at ten additional court days for a commercial one.
Subdivision (c) covers how opposition gets made. A party can argue opposition and reply orally at the hearing itself. Anyone who wants written opposition considered in advance has to file and serve it by the court day before the hearing, using a method reasonably calculated to reach the other side by the close of that business day. The court can still consider a late written opposition if it chooses.
Frequently Asked Questions
How soon is a hearing held on a demurrer or motion to strike in a California eviction case?
Between five and seven court days after the notice of motion is filed, unless the parties stipulate to a later date or the court grants an extension for good cause.
Can that hearing date be pushed back?
Yes. The parties can stipulate in writing to a later date, and for good cause the court can set a later hearing — with no fixed limit for residential tenancies and up to ten additional court days for commercial ones.
Do I have to file written opposition before the hearing?
Only if you want the court to consider it in advance — it must be filed and served by the court day before the hearing. Opposition can otherwise be made orally at the hearing.
Amendment History
Amended by Stats 2025 ch 299 (AB 1384),s 1, eff. 1/1/2026. Amended by Stats 2024 ch 512 (AB 2347),s 2, eff. 1/1/2025. Enacted 1872.
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 demurrer californiamotion to strike eviction complaint california