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§ 1177.Applicability of Part II of Code

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 1872 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1177 applies the Code of Civil Procedure's general Part II rules of civil practice to unlawful detainer and forcible entry/detainer proceedings, except wherever this chapter provides otherwise.

Full Text of § 1177

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Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter.

Plain-English Summary

Unlawful detainer is a summary proceeding with its own compressed timelines, but it doesn't operate in a vacuum. For anything this chapter doesn't specifically address, the general civil practice rules found in Part II of the Code of Civil Procedure fill the gap.

That default keeps the whole body of ordinary civil procedure — pleading standards, motion practice, evidence rules, and the rest — available in an eviction case, subordinate only to whatever this chapter says differently. Section 1178 carves out the same kind of applicability specifically for new trial and appeal procedure.

Frequently Asked Questions

Do the general rules of civil procedure apply to eviction cases in California?

Yes, except where this chapter's own rules say something different.

What if this chapter doesn't address a procedural question that comes up in an eviction case?

The general rules of practice in Part II of the Code of Civil Procedure apply by default.

Amendment History

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: general civil procedure eviction california