Amended  IN  Assembly  April 22, 2024
Amended  IN  Assembly  March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2347

Introduced by Assembly Member Kalra

February 12, 2024

An act to amend Sections 1167 and 1169 of, and to add Section 473.6 to, of the Code of Civil Procedure, and to amend Section 647 of the Evidence Code, relating to summary proceedings.


LEGISLATIVE COUNSEL'S DIGEST


AB 2347, as amended, Kalra. Summary proceedings for obtaining possession of real property: procedural requirements.
Existing law requires a defendant, in a summary proceeding for obtaining possession of real property, to file a response within five days, excluding specified days, after the complaint is served on the defendant. Existing law requires the clerk in such a proceeding, upon written application of the plaintiff and proof of service of the summons and complaint, to enter the default of any defendant served with a summons who does not appear and defend. Under existing law, the return of a registered process server, as specified, upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.
This bill would extend the time in which a defendant, in a summary proceeding for obtaining possession of real property, must file a response from 5 to 10 days, excluding specified days, after the complaint is served on the defendant. The bill would require the plaintiff in such an action to promptly file a proof of service of the summons and complaint with the clerk and mail a copy thereof to the defendant. The bill would additionally require the clerk in such a proceeding to enter the default of any defendant served with a summons who does not appear and defend only upon written application of the plaintiff no sooner than three court days following the required filing of the proof of service of the summons and complaint. The bill would provide that in such a summary proceeding, if the court denies a motion to set aside a judgment, enforcement of the judgment must be stayed for no less than 10 days from the date of service of the order denying the motion. The bill would specify that the presumption of the facts stated in the return of a registered process server does not apply to a summary proceeding for obtaining possession of real property, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 473.6 is added to the Code of Civil Procedure, to read:
473.6.

In an action filed pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, if the court denies a motion to set aside a judgment, enforcement of the judgment shall be stayed for no less than 10 days from the date of service of the order denying the motion.

SEC. 2.SECTION 1.

 Section 1167 of the Code of Civil Procedure is amended to read:

1167.
 (a) The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant’s response shall be filed within 10 days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon the defendant.
(b) If service is completed by mail or in person through the Secretary of State’s address confidentiality program under Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the defendant shall have an additional five court days to file a response.

(c)Proof of service of the summons and complaint shall be promptly filed with the clerk of the court and a copy thereof mailed to the defendant.

(d)In all other respects the summons shall be issued and served and returned in the same manner as a summons in a civil action.

SEC. 3.SEC. 2.

 Section 1169 of the Code of Civil Procedure is amended to read:

1169.
 (a) If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff no sooner than three court days, excluding Saturdays and Sundays and other judicial holidays, days following the filing of the proof of service of summons and complaint pursuant to subdivision (c) of Section 1167, complaint, shall enter the default of any defendant so served, and, if requested by the plaintiff, immediately shall enter judgment for restitution of the premises and shall issue a writ of execution thereon. The application for default judgment and the default judgment shall include a place to indicate that the judgment includes tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. Thereafter, the plaintiff may apply to the court for any other relief demanded in the complaint, including the costs, against the defendant, or defendants, or against one or more of the defendants.

SEC. 4.Section 647 of the Evidence Code is amended to read:
647.

Except in an action filed pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, the return of a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.