CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 676Introduced by Senator BatesFebruary 19, 2021 An act to amend Sections 1170 and 1170.7 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTSB 676, as introduced, Bates. Civil actions: forcible entry, forcible detainer, or unlawful detainer.Existing law governs the procedure relating to an action for forcible entry, forcible detainer, or unlawful detainer, and provides for specific timelines regarding the filing of a complaint and the defendants response. Existing law authorizes a defendant, on or before the day fixed for the defendants appearance, to appear and answer or demur in those specified actions. Existing law authorizes a party to move for summary judgment at any time after the answer is filed upon giving 5 days notice.This bill would also authorize a defendant to file a motion to strike on or before the day fixed for the defendants appearance. The bill would authorize a party to file a motion for summary adjudication in the same manner as a motion for summary judgment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1170 of the Code of Civil Procedure is amended to read:1170. On or before the day fixed for his the defendants appearance, the defendant may appear and answer or demur. answer, demur, or file a motion to strike.SEC. 2. Section 1170.7 of the Code of Civil Procedure is amended to read:1170.7. A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 676Introduced by Senator BatesFebruary 19, 2021 An act to amend Sections 1170 and 1170.7 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTSB 676, as introduced, Bates. Civil actions: forcible entry, forcible detainer, or unlawful detainer.Existing law governs the procedure relating to an action for forcible entry, forcible detainer, or unlawful detainer, and provides for specific timelines regarding the filing of a complaint and the defendants response. Existing law authorizes a defendant, on or before the day fixed for the defendants appearance, to appear and answer or demur in those specified actions. Existing law authorizes a party to move for summary judgment at any time after the answer is filed upon giving 5 days notice.This bill would also authorize a defendant to file a motion to strike on or before the day fixed for the defendants appearance. The bill would authorize a party to file a motion for summary adjudication in the same manner as a motion for summary judgment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 676
Introduced by Senator BatesFebruary 19, 2021
Introduced by Senator Bates
February 19, 2021
An act to amend Sections 1170 and 1170.7 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 676, as introduced, Bates. Civil actions: forcible entry, forcible detainer, or unlawful detainer.
Existing law governs the procedure relating to an action for forcible entry, forcible detainer, or unlawful detainer, and provides for specific timelines regarding the filing of a complaint and the defendants response. Existing law authorizes a defendant, on or before the day fixed for the defendants appearance, to appear and answer or demur in those specified actions. Existing law authorizes a party to move for summary judgment at any time after the answer is filed upon giving 5 days notice.This bill would also authorize a defendant to file a motion to strike on or before the day fixed for the defendants appearance. The bill would authorize a party to file a motion for summary adjudication in the same manner as a motion for summary judgment.
Existing law governs the procedure relating to an action for forcible entry, forcible detainer, or unlawful detainer, and provides for specific timelines regarding the filing of a complaint and the defendants response. Existing law authorizes a defendant, on or before the day fixed for the defendants appearance, to appear and answer or demur in those specified actions. Existing law authorizes a party to move for summary judgment at any time after the answer is filed upon giving 5 days notice.
This bill would also authorize a defendant to file a motion to strike on or before the day fixed for the defendants appearance. The bill would authorize a party to file a motion for summary adjudication in the same manner as a motion for summary judgment.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1170 of the Code of Civil Procedure is amended to read:1170. On or before the day fixed for his the defendants appearance, the defendant may appear and answer or demur. answer, demur, or file a motion to strike.SEC. 2. Section 1170.7 of the Code of Civil Procedure is amended to read:1170.7. A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1170 of the Code of Civil Procedure is amended to read:1170. On or before the day fixed for his the defendants appearance, the defendant may appear and answer or demur. answer, demur, or file a motion to strike.
SECTION 1. Section 1170 of the Code of Civil Procedure is amended to read:
### SECTION 1.
1170. On or before the day fixed for his the defendants appearance, the defendant may appear and answer or demur. answer, demur, or file a motion to strike.
1170. On or before the day fixed for his the defendants appearance, the defendant may appear and answer or demur. answer, demur, or file a motion to strike.
1170. On or before the day fixed for his the defendants appearance, the defendant may appear and answer or demur. answer, demur, or file a motion to strike.
1170. On or before the day fixed for his the defendants appearance, the defendant may appear and answer or demur. answer, demur, or file a motion to strike.
SEC. 2. Section 1170.7 of the Code of Civil Procedure is amended to read:1170.7. A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.
SEC. 2. Section 1170.7 of the Code of Civil Procedure is amended to read:
### SEC. 2.
1170.7. A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.
1170.7. A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.
1170.7. A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.
1170.7. A motion for summary judgment or a motion for summary adjudication may be made at any time after the answer is filed upon giving five days notice. Summary judgment and summary adjudication shall be granted or denied on the same basis as a motion under Section 437c.