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§ 1179a.Precedence of Actions

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Enacted 1931 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1179a requires every California court to give unlawful detainer and forcible entry/detainer proceedings precedence over other civil actions in scheduling and hearing, except actions given special precedence by other law, so these cases are heard and decided quickly.

Full Text of § 1179a

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In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which special precedence is given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined.

Plain-English Summary

Speed runs through this entire chapter, and § 1179a is the provision that makes it a calendar-priority rule rather than just a series of short deadlines. Every court where an unlawful detainer or forcible entry/detainer action is or becomes pending has to give that action precedence over other civil actions when setting hearing or trial dates and in hearing the case itself, so the matter gets heard and decided quickly.

This calendar priority works alongside the shortened deadlines set elsewhere in this chapter — the 20-day trial requirement in § 1170.5, the five-day notice periods for summary judgment and discovery motions in §§ 1170.7 and 1170.8 — to keep the whole case moving faster than ordinary civil litigation. The only exception is for actions that some other law gives even greater precedence, which still come first.

Frequently Asked Questions

Why do eviction cases move faster through California courts than other civil lawsuits?

Section 1179a requires courts to give unlawful detainer and forcible entry/detainer actions precedence over other civil actions in scheduling and hearing.

Are there any cases that get scheduled ahead of an unlawful detainer case?

Yes, actions to which special precedence is given by other law still come first.

Amendment History

Added by Stats. 1931, Ch. 885.

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
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