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New Timing Requirements for Certain California Eviction Actions Take Effect September 1

August 19, 2019

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On September 1, 2019, AB2342 and its new timing requirements for issuing certain eviction notices and for answering eviction lawsuits go into effect in California.

AB2343 amends California Code of Civil Procedure Sections 1161(2) and (3) regarding 3-day notices to pay or quit and 3-day notices based on neglect or failure to perform other conditions or covenants of the lease or agreement. The amendments exclude Saturdays, Sundays, and judicial holidays when counting the notice period for these 3-day notices. (Interestingly, AB2343 does not apply the same language to 3-day notices under Section 1161(4) regarding eviction notices based on commission of waste or nuisance on the property.)

Before AB2342’s effective date, a tenant could be provided a 3-day notice on Friday, and that notice would expire at the end of the day the following Monday. Effective September 1, a 3-day notice given on Friday will not expire until the following Wednesday.

AB2343 also amends Code of Civil Procedure 1167 regarding the number of days a defendant has to respond after service of a summons and unlawful detainer (eviction) complaint. As of September 1, the law excludes Saturdays, Sundays, and judicial holidays when counting the 5-day period within which a defendant must file an answer or other response in court.

Consistent with Section 135 of the Code of Civil Procedure and Government Code Section 6700, judicial holidays are:

  • New Year's Day, January 1;
  • Dr. Martin Luther King, Jr. Day, the third Monday in January;
  • Lincoln Day, February 12;
  • Presidents Day, the third Monday in February;
  • Cesar Chavez Day, March 31;
  • Memorial Day, the last Monday in May;
  • Independence Day, July 4;
  • Labor Day, the first Monday in September;
  • Columbus Day, the second Monday in October;
  • Veterans Day, November 11, or the preceding Friday or following Monday, if the holiday falls on a weekend;
  • Thanksgiving Day and the Friday after Thanksgiving;
  • Christmas Day, December 25;
  • Good Friday from 12 noon until 3 p.m.; and
  • Every day appointed by the President and the Governor for a public fast, thanksgiving, or holiday.

While it has long been the case under Code of Civil Procedure Sections 12 and 12a that if the final day of a 3-day notice or the 5-day period within which to respond to a complaint fell on a weekend or holiday, the deadline was extended to the next business day, starting September 1, intervening weekends and holidays are also excluded when calculating these deadlines. Going forward, landlords should be sure to exclude weekends and judicial holidays when calculating these deadlines.

For more information, please contact:

Lori Ferguson

916-551-2813 Direct Phone
916-551-3388 Fax

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Payam Saljoughian

415-995-5135 Direct Phone
415-995-3478 Fax

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Ann Mary Olson

415-995-5068 Direct Phone
415-995-3579 Fax

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