Beginning on January 1, 2025, defendants in unlawful detainer (eviction) lawsuits in California will have more time to file a response in court after receiving the summons and complaint.

On September 24, 2024, California Governor Gavin Newsom signed Assembly Bill 2347 into law. AB 2347 makes two important procedural revisions to unlawful detainer proceedings that will impact the length of those proceedings.

First, and probably most significantly, is that as of January 1, 2025, defendants will have ten days (excluding Saturdays, Sundays, and other judicial holidays) to file a response once served with the summons and complaint. This revision to California Code of Civil Procedure Section 1167 doubles the current response deadline of 5 days (excluding Saturdays, Sundays, and other judicial holidays).

Second, pursuant to revisions to Code of Civil Procedure Section 1170, if a defendant files a demurrer or a motion to strike in response to an unlawful detainer complaint, the hearing must take place between five and seven court days after the motion is filed, unless the court orders a later hearing date for “good cause.” Furthermore, the plaintiff will not need to file a written opposition to the motion, but may instead oppose the motion orally at the hearing, and the defendant will be able to orally reply to any opposition that the plaintiff raises. Plaintiffs will still have the option to file written oppositions to demurrers and motions to strike. If a plaintiff wants to file a written opposition, the written opposition must be filed and served at least one court day before the hearing, although the court can decide whether to consider written oppositions that are filed late.

The doubling of the time in which a defendant may respond to an unlawful detainer complaint will likely result in most unlawful detainer lawsuits taking longer to resolve—either through trial, a default judgment, or a settlement. In situations where the defendant demurs or files a motion to strike, however, AB 2347 may streamline proceedings by allowing oral rather than written oppositions and replies and requiring hearings within seven days absent good cause for an extension of time.