How to Delay Eviction Proceedings in California — What Tenants Need to Know
If you have received an Unlawful Detainer Summons in California one of the most pressing concerns you may have is how much time you actually have before you could be removed from your home. The unlawful detainer process is specifically designed by California law to move quickly — it is classified as a summary proceeding, meaning that hearings are scheduled within days of motions being filed and trial can be set within weeks of the landlord filing their request. However California law also provides tenants with legitimate procedural tools that — when used correctly and strategically — can meaningfully extend the timeline of the eviction proceedings. Understanding these tools and how to use them is critical to giving yourself the maximum amount of time to seek professional guidance, explore your defenses, negotiate with your landlord, and make informed decisions about your situation.
Important Note: The information in this article addresses lawful, procedurally valid methods of extending the timeline of unlawful detainer proceedings. Nothing in this article constitutes advice to delay proceedings frivolously or in bad faith. Every procedural option described below must be grounded in a legitimate legal basis. A tenant who files motions without a legitimate legal basis may be subject to sanctions by the Court.
Understanding the Basic Timeline of an Unlawful Detainer Proceeding
To understand how the timeline can be extended it is important to first understand the basic timeline of an unlawful detainer proceeding in California when a tenant files an Answer to the Unlawful Detainer Complaint as their initial responsive pleading.
After the tenant files an Answer the landlord may file a Request to Set Case for Trial (Form UD-150) with the Court. The Court will then schedule a bench trial to take place within approximately 20 days of the date that the landlord files the Request to Set Case for Trial. CCP § 1170.5 The Court will mail a Notice of Unlawful Detainer Trial to both parties informing them of the trial date.
From the date of personal service of the Unlawful Detainer Summons to the date of trial — when a tenant files an Answer as their initial responsive pleading — the total timeline is typically approximately 30 to 45 days in most Southern California courts. This is a remarkably short period of time for a legal proceeding that could result in the loss of your home.
The following procedural options can meaningfully extend this timeline.
Option 1 — File a Motion to Quash as Your Initial Responsive Pleading
Instead of filing an Answer to the Unlawful Detainer Complaint as your initial responsive pleading you may file a Motion to Quash challenging the validity of service of the Unlawful Detainer Summons. A Motion to Quash is appropriate where there is a legitimate legal basis to challenge the manner in which service of the Unlawful Detainer Summons was effected on you — for example, where the process server failed to comply with the requirements of CCP § 415.10, CCP § 415.20, or CCP § 415.45.
A hearing on a Motion to Quash must be held between 3 and 7 days after the Motion is filed. Prior to filing a Motion to Quash the tenant must contact the courthouse to reserve a hearing date. CCP § 1167.4
If the Motion to Quash is sustained service of the Unlawful Detainer Summons is voided entirely. The landlord must then properly re-serve the Unlawful Detainer Summons on the tenant — effectively resetting the tenant's 10 court day response deadline and adding approximately 2 to 4 additional weeks to the overall timeline of the proceedings before the landlord can even begin to move toward trial.
If the Motion to Quash is overruled the Court will order the tenant to file an Answer to the Unlawful Detainer Complaint within 5 days from the date of the hearing. The landlord may then file a Request to Set Case for Trial and trial will be scheduled within approximately 20 days thereafter.
Filing a Motion to Quash is only appropriate where there is a legitimate legal basis to challenge service. A Motion to Quash filed without a legitimate legal basis will be overruled at the hearing and the tenant will have lost time without gaining any meaningful benefit.
Option 2 — File a Motion for Demurrer as Your Initial Responsive Pleading
A Motion for Demurrer challenges the legal sufficiency of the Unlawful Detainer Complaint itself — not the allegations within it, but the legal adequacy of the Complaint as a pleading. A Motion for Demurrer is appropriate where there is a legitimate legal basis to argue that the Unlawful Detainer Complaint contains fundamental legal defects — for example, where the Three Day Notice attached to the Complaint as an exhibit demanded an incorrect amount of rent, included impermissible charges such as late fees or utilities, was served on the tenant by an improper method, or was otherwise legally defective in a manner that renders the Complaint legally insufficient on its face.
A hearing on a Motion for Demurrer must be held between 5 and 7 court days after the Motion is filed. CCP § 1170
If the Motion for Demurrer is sustained the Court will order the landlord to amend the Unlawful Detainer Complaint and re-serve the amended Complaint on the tenant. This resets the process — the tenant then has a new 10 court day deadline to respond to the amended Complaint, and the landlord cannot set the case for trial until after the tenant has filed an Answer to the amended Complaint. The total extension to the timeline from filing a successful Motion for Demurrer is typically approximately 3 to 5 additional weeks.
If the Motion for Demurrer is overruled the Court will order the tenant to file an Answer to the Unlawful Detainer Complaint within 5 days from the date of the hearing. CCP § 1170
A Motion for Demurrer is only appropriate where there is a legitimate legal basis to challenge the sufficiency of the Unlawful Detainer Complaint. Filing a Motion for Demurrer without a legitimate legal basis is inappropriate and will be overruled at the hearing.
Option 3 — File a Motion to Strike as Your Initial Responsive Pleading
A Motion to Strike is a formal challenge to specific portions of the Unlawful Detainer Complaint that are improper, excessive, or not legally permissible. For example, if the Unlawful Detainer Complaint seeks attorney fees that are not authorized by the lease or by law, or contains allegations that are legally irrelevant or improper, the tenant may file a Motion to Strike those specific portions of the Complaint.
A hearing on a Motion to Strike must be held between 5 and 7 court days after the Motion is filed. CCP § 1170
If the Motion to Strike is sustained the Court will order the landlord to amend the Unlawful Detainer Complaint. If the Motion to Strike is overruled the Court will order the tenant to file an Answer to the Unlawful Detainer Complaint within 5 days from the date of the hearing.
How Much Total Time Can a Tenant Gain by Filing a Motion Rather Than an Answer?
As a general principle filing a Motion to Quash, Motion for Demurrer, or Motion to Strike as the initial responsive pleading rather than an Answer to the Unlawful Detainer Complaint extends the overall timeline of the eviction proceedings by approximately 3 to 5 additional weeks compared to filing an Answer directly. The following table summarizes the approximate timelines:
Filing an Answer as the Initial Responsive Pleading: Total time from personal service of the Unlawful Detainer Summons to trial — approximately 30 to 45 days.
Filing a Motion to Quash, Motion for Demurrer, or Motion to Strike as the Initial Responsive Pleading — Motion Overruled: Total time from personal service of the Unlawful Detainer Summons to trial — approximately 45 to 65 days.
Filing a Motion to Quash — Motion Sustained: Service voided. Landlord must re-serve. New 10 court day response deadline begins from date of new service. Total additional time — approximately 3 to 6 weeks beyond the timeline for filing an Answer directly, depending on how quickly the landlord is able to re-serve.
Filing a Motion for Demurrer or Motion to Strike — Motion Sustained: Landlord must amend and re-serve the Unlawful Detainer Complaint. New 10 court day response deadline begins from date of re-service of the amended Complaint. Total additional time — approximately 3 to 5 weeks beyond the timeline for filing an Answer directly.
These are estimates only and are subject to wide variation depending on the specific circumstances of the case, the courthouse where the case is filed, and the current caseload of the Court.
What Happens at Trial if the Tenant Has Filed an Answer?
If the case proceeds to trial the tenant will have the opportunity to present every affirmative defense available to them. If the tenant prevails at trial the case will be dismissed and the tenant may continue their tenancy at the property. If the landlord prevails at trial a judgment for unlawful detainer will be entered against the tenant and the Court will issue a Writ of Possession authorizing the Sheriff's Department to post a 5-Day Notice to Vacate at the property. CCP § 1174
Can a Tenant Request a Continuance of the Trial Date?
A tenant may request a continuance of the trial date by filing a Motion for Continuance with the Court. However the Court is not required to grant a Motion for Continuance in an unlawful detainer proceeding. Because unlawful detainer proceedings are classified as summary proceedings the Court has significant discretion to deny continuances in the interest of resolving the matter promptly. Extensions of time in unlawful detainer proceedings generally may not exceed 10 days without the consent of the other party. CCP § 1167.5
The Most Important Thing You Can Do
Regardless of which procedural option you choose the most important thing you can do immediately after receiving an Unlawful Detainer Summons is to file a responsive pleading with the Court before your deadline expires. Failing to file any responsive pleading within your deadline will result in a default judgment for eviction being entered against you without any hearing and without any opportunity to present your defenses. Every day that passes without action works against you.
Tenant Eviction Defense is an IRS 501(c)(3) nonprofit organization headquartered in Newport Beach, California dedicated to providing education, information, and guidance to Southern California tenants facing eviction. If you have received an Unlawful Detainer Summons or a Notice of Unlawful Detainer in the mail from the Court call our Eviction Defense Rapid Response Line immediately at (657) 510-6534, Monday through Friday from 8:30 a.m. to 6:00 p.m. Our staff is available to discuss your situation and help you understand the options available to you.
Updated April 12, 2026.