§ 1174.25.Claim Filed As Prescribed By Section 415.46 When Occupant Served With Prejudgment Claim of Right of Possession
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2015 · Last verified July 29, 2026
In one sentenceSection 1174.25 gives an occupant served with a prejudgment claim of right to possession under § 415.46 ten days, including weekends, to file that claim with the court, which adds the occupant as a defendant who must then answer or otherwise respond within five days.
(1)Except as provided in paragraph (2), an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim of right to possession as shown on the return of service, which period shall include Saturday and Sunday but exclude all other judicial holidays. If the last day for filing the claim falls on a Saturday or Sunday, the filing period shall be extended to and including the next court day. Filing the prejudgment claim of right to possession shall constitute a general appearance for which a fee shall be collected as provided in Section 70614 of the Government Code. Section 68511.3 of the Government Code applies to the prejudgment claim of right to possession.
(2)In an action as described in paragraph (2) of subdivision (e) of Section 415.46, an occupant may file a prejudgment claim of right to possession at any time before judgment is entered.
(b)At the time of filing, the claimant shall be added as a defendant in the action for unlawful detainer and the clerk shall notify the plaintiff that the claimant has been added as a defendant in the action by mailing a copy of the claim filed with the court to the plaintiff with a notation so indicating. The claimant shall answer or otherwise respond to the summons and complaint within five days, including Saturdays and Sundays, but excluding all other judicial holidays, after filing the prejudgment claim of possession. Thereafter, the name of the claimant shall be added to any pleading, filing or form filed in the action for unlawful detainer.
Plain-English Summary
Some occupants get pulled into an eviction case before judgment rather than after. When a landlord serves a prejudgment claim of right to possession under § 415.46 on an unnamed occupant at the start of the case, that occupant has ten days from service — a period that includes Saturdays and Sundays but not other judicial holidays — to file the claim with the court, extended to the next court day if the deadline falls on a weekend. Filing counts as a general appearance and requires a fee.
Filing has an immediate effect: the clerk adds the claimant as a defendant in the unlawful detainer action and notifies the plaintiff by mail. The newly added defendant then has five days, again including weekends but not other judicial holidays, to answer or otherwise respond to the summons and complaint, after which the claimant's name gets added to every filing in the case going forward.
This prejudgment procedure is the counterpart to § 1174.3's post-judgment claim of right to possession — that section exists precisely for occupants who weren't served this prejudgment claim in the first place.
Frequently Asked Questions
What is a prejudgment claim of right to possession?
A claim an occupant not named in the eviction complaint files after being served notice under § 415.46, bringing that occupant into the case as a defendant before judgment is entered.
How long do I have to file one after being served?
Ten days from the date of service, counting weekends but not other judicial holidays, extended to the next court day if the deadline lands on a weekend.
What happens after I file it?
You're added as a defendant, the plaintiff is notified, and you have five days to answer or otherwise respond to the summons and complaint.
How is this different from filing a claim after judgment?
Section 1174.3 covers a separate, post-judgment claim available to an occupant who was never served this prejudgment claim in the first place.
Amendment History
Amended by Stats 2014 ch 913 (AB 2747),s 8, eff. 1/1/2015. Amended by Stats 2005 ch 75 (AB 145),s 42, eff. 7/19/2005, op. 1/1/2006
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:prejudgment claim of right to possession californiaoccupant served eviction notice california