Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in an action of the same jurisdictional classification in the Court in which the action is pending.
§ 1171.Issue of Fact Tried By Jury
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1998 · Last verified July 29, 2026
In one sentenceSection 1171 guarantees a jury trial on any factual issue the pleadings raise in an unlawful detainer or forcible entry/detainer case, unless the parties waive that right, with the jury formed the same way as any other trial jury in a case of the same jurisdictional classification.
Full Text of § 1171
Plain-English Summary
Eviction cases move on a compressed schedule, but that speed doesn't come at the cost of the jury trial right. Whenever the pleadings raise a genuine issue of fact, either side is entitled to have it tried by a jury, just as in any other civil case — unless the parties waive that right, the same way waiver works elsewhere in civil practice.
The jury itself isn't assembled by any special process. It's formed the same way as trial juries in other actions of the same jurisdictional classification in the court where the case is pending. Section 1174.2(d) later confirms this right stays intact even for a tenant raising the habitability defense, and it applies equally to the forcible entry and forcible detainer showings described in § 1172.
Frequently Asked Questions
Do I have a right to a jury trial in a California eviction case?
Yes, whenever the pleadings raise a factual issue, unless that right has been waived.
Can the right to a jury trial be given up?
Yes, § 1171 allows the jury to be waived the same way it can be waived in other civil cases.
Is the jury selected differently in an unlawful detainer case?
No. It's formed the same way as any other trial jury in a case of the same jurisdictional classification in that court.
Amendment History
Amended by Stats. 1998, Ch. 931, Sec. 120. Effective September 28, 1998.
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: jury trial eviction californiaunlawful detainer jury trial right