An Update to Evictions with AB 2347
By Jonathan Kim, Paralegal
2025 will showcase updates and changes to evictions in California. One prominent change is the signing of Assembly Bill 2347 (AB 2347) which provides tenants an extended time to file a response to an Unlawful Detainer Complaint. Prior to this bill, tenants who were personally served an Unlawful Detainer Complaint and Summons, would have five (5) Court days to file a response. With AB 2347, the time for tenants to respond has now DOUBLED, and tenants will now have ten (10) Court days to file a response.
This change will likely lead to more tenants seeking legal counsel and preparing a more comprehensive defense to an Unlawful Detainer lawsuit. It may also result in fewer default judgments being filed. This is a frustrating change, especially for landlords dealing with problematic tenants. Proponents of the bill argue that it helps preserve tenants’ due process rights, despite pre-existing laws that have been in place since 1971.
Another key change introduced by AB 2347 is an acceleration of hearings for Demurrers and Motions to Strike filed by tenants. Our office occasionally encounters tenants filing frivolous Demurrers and Motions to Strike to delay cases. Often, courts schedule hearings a month or more later, leading to additional attorney fees and costs for drafting oppositions, advancing hearing dates, and making multiple court appearances. AB 2347 now amends Code of Civil Procedure Section 1170, requiring courts to set a hearing date within five to seven court days after a tenant files a motion. (The court may order a later hearing date for “good cause.”) Furthermore, Plaintiffs are no longer required to file a written opposition; instead, both Plaintiffs and Defendants can present oral opposition and replies at the hearing.
For once, the state is addressing issues with tenants filing frivolous motions. By requiring expedited hearings within five to seven court days, AB 2347 ensures such tactics cannot be used to significantly delay the legal process. This change minimizes the potential for abuse of the legal system and streamlines court proceedings, providing a fairer balance for landlords navigating eviction cases. The ability to present oral opposition and replies further simplifies the process, reducing the burden of extensive filings and legal costs.
Ultimately, these changes represent a much-needed step toward preventing unnecessary delays and protecting landlords from excessive expenses due to tenants exploiting procedural loopholes. For landlords already dealing with noncompliant tenants or other tenant-related issues, this legislative update is a welcome relief, helping them regain control over their properties more efficiently.
Navigating an eviction can be challenging, especially with laws and regulations constantly changing. At Kendall Law, we specialize in guiding landlords through the complexities of evictions. If you are dealing with a problematic tenant, contact Kendall Law or call 310-619-4941 to schedule a consultation.
Please note that the information provided at this website is intended for general educational and informational purposes only, and should not be construed as legal advice or a substitute for legal advice from a qualified attorney in your jurisdiction.
Author: Jonathan Kim, Paralegal
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