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AB 2347: 10 Court Days to Answer an Eviction Lawsuit

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

Since January 1, 2025, a California tenant served with an eviction complaint has 10 court days to respond, up from 5, plus 5 more court days if served by mail. Demurrers are heard 5 to 7 court days after filing.

Citation
AB 2347 (Stats. 2024, ch. 512); CCP §§ 1167, 1170
Status
In force
Effective
Jan 1, 2025
Jurisdiction
California
Applies to
Landlords filing unlawful detainer (eviction) cases in California
Key numberValueAs of
Response time10 court days, excluding weekends and court holidaysOct 5, 2026
Added for service by mail5 court daysOct 5, 2026
Demurrer or motion to strike hearing5 to 7 court days after filingOct 5, 2026
EffectiveJanuary 1, 2025Oct 5, 2026

Last reviewed Oct 5, 2026 · Checked against the official text

What it requires

  • A tenant served with an unlawful detainer summons and complaint has 10 court days to file a response, not counting weekends and judicial holidays.
  • Service by mail, or through the Secretary of State’s address confidentiality program, adds five more court days.
  • The tenant may answer, demur, or move to strike part of the complaint. A demurrer or motion to strike is heard 5 to 7 court days after it is filed, unless the court sets a later date for good cause.
  • Written opposition is due by the court day before the hearing, or it can be made orally at the hearing.

Owner checklist

  • Count 10 court days from service, not calendar days
  • Add 5 court days for mail service
  • Calendar any demurrer hearing 5 to 7 court days out
  • Have the notice and service file complete before filing

What changed and what’s next

  • Jan 1, 2025: Response time extended from 5 to 10 court days

From our East Bay files

We keep tenancy documentation in AppFolio for every property from day one, so when an unlawful detainer is needed, the file is ready. In our portfolio, the cases that run long almost always trace back to a problem at the notice stage, not at trial.

All East Bay Properties, Emeryville

Go deeper

Official source: Code of Civil Procedure 1167 (California Legislative Information)
Spot something out of date? Report an error

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

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