The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter or with rules adopted by the Judicial Council, apply to the proceedings mentioned in this chapter.
§ 1178.Applicability of Part 2 Relative to New Trials and Appeals
Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 1945 · Last verified July 29, 2026
In one sentenceSection 1178 extends the Code of Civil Procedure's general rules governing new trials and appeals to unlawful detainer proceedings, except to the extent those rules conflict with this chapter or with rules the Judicial Council adopts.
Full Text of § 1178
Plain-English Summary
Where § 1177 handles general applicability of civil practice rules, this section does the same job specifically for what happens after trial. The Part 2 rules on motions for new trial and on appeals govern unlawful detainer proceedings, except where this chapter says something inconsistent or the Judicial Council has adopted a conflicting rule.
Read together with § 1176's rules on staying a judgment pending appeal, this section supplies the procedural mechanics — how a new trial motion is made, how an appeal proceeds — while § 1176 answers the separate question of whether enforcement can be paused while any of that plays out.
Frequently Asked Questions
What rules govern a new trial motion or an appeal in a California eviction case?
The same general rules in Part 2 of the Code of Civil Procedure that apply in other civil cases, except where this chapter or a Judicial Council rule says otherwise.
How does this section relate to the stay-of-judgment rules?
Section 1178 governs the new trial and appeal procedures themselves, while § 1176 separately governs whether enforcement of the judgment can be stayed while those procedures play out.
Amendment History
Amended by Stats. 1945, Ch. 40.
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: new trial motion eviction californiaappeal unlawful detainer judgment california