What to Do If You Receive an Unlawful Detainer Summons in California
If you have received an Unlawful Detainer Summons in California, you are facing one of the most time-sensitive legal situations that a tenant can encounter. An Unlawful Detainer is the formal legal term for an eviction lawsuit. The Unlawful Detainer Summons is the official court document that notifies you that your landlord has filed an eviction lawsuit against you in the Superior Court and that you are required to file a written response with the Court within a specific deadline.
The consequences of failing to respond to an Unlawful Detainer Summons within your deadline are severe and immediate. If you do not file a responsive pleading with the Court within your deadline the landlord may file a Request for Entry of Default Judgment against you. If a Default Judgment for Unlawful Detainer is entered against you the Court will issue a Writ of Possession authorizing the Sheriff's Department to post a 5-Day Notice to Vacate at the entrance of your residence. This is not a situation that resolves itself by waiting. Every day that passes without action works against you.
Step 1 — Identify the Courthouse Where the Case Was Filed
The Unlawful Detainer Summons will identify the name and address of the Superior Court where the eviction lawsuit was filed. The courthouse listed on your Unlawful Detainer Summons is where you will need to file your responsive pleading. In Southern California, unlawful detainer cases are filed in the Superior Courts of Orange County, Los Angeles County, Riverside County, San Bernardino County, and San Diego County. Each county has specific courthouse locations that preside over unlawful detainer matters. It is important that you file your responsive pleading at the correct courthouse. Filing at the wrong courthouse may result in your responsive pleading being rejected.
Step 2 — Determine Your Deadline for Filing
The deadline for filing your responsive pleading depends on how service of the Unlawful Detainer Summons was effected on you.
If the Unlawful Detainer Summons was personally handed to you by a process server you are required to file your responsive pleading within 10 court days from the date that service was effected on you. Day 1 of this 10 court day deadline begins the first court day after the date that the Unlawful Detainer Summons was handed to you. AB 2347
If the Unlawful Detainer Summons was served by substituted service — meaning the documents were left with another adult at your residence or place of work rather than handed directly to you — you have 10 court days plus an additional 10 calendar days from the date that the documents were left with the other adult to file your responsive pleading with the Court. CCP § 415.20
If the Unlawful Detainer Summons was served by posting — meaning the Summons was posted to the entrance of your residence and mailed to you by the process server pursuant to a Court Order — you have 10 court days plus an additional 10 calendar days from the date that the Summons was posted to your residence and mailed to file your responsive pleading with the Court. CCP § 415.45
Note that in San Diego County the deadline for filing a responsive pleading after personal service of the Unlawful Detainer Summons is 5 calendar days rather than 10 court days.
Step 3 — Obtain a Copy of the Unlawful Detainer Complaint
The Unlawful Detainer Complaint is the document filed by the landlord with the Court that sets forth the grounds for the eviction. You will need a copy of the Unlawful Detainer Complaint in order to prepare your responsive pleading. If the process server handed you the Unlawful Detainer Summons together with the Unlawful Detainer Complaint you already have a copy. If you received only the Unlawful Detainer Summons, or if you received a Notice of Unlawful Detainer in the mail from the Court but have not yet been personally served, you may visit the civil filing window at the courthouse identified on the Summons or Notice and ask the Court Clerk for a copy of the Unlawful Detainer Complaint by providing your name and the address of the property that is the subject of the eviction.
Step 4 — Choose Your Responsive Pleading
There are four types of responsive pleadings that a tenant may file in response to an Unlawful Detainer Summons:
Answer to Unlawful Detainer Complaint — The most commonly filed responsive pleading. An Answer admits or denies the allegations of the Unlawful Detainer Complaint and raises any affirmative defenses available to the tenant. Filing an Answer as the initial responsive pleading typically results in a trial being scheduled within approximately 20 days of the landlord filing a Request to Set Case for Trial. CCP § 1170.5
Motion to Quash — Challenges the validity of service of the Unlawful Detainer Summons. A Motion to Quash is appropriate where service of the Unlawful Detainer Summons was not effected in accordance with the California Code of Civil Procedure. A hearing on a Motion to Quash is held between 3 and 7 days after the Motion is filed. CCP § 418.10
Motion to Strike — A formal challenge to portions of the Unlawful Detainer Complaint that are improper, excessive, or not legally permissible. A hearing on a Motion to Strike is held between 5 and 7 days after the Motion is filed. AB 2347
Motion for Demurrer — Challenges the legal sufficiency of the Unlawful Detainer Complaint itself. A Motion for Demurrer is appropriate where the Unlawful Detainer Complaint contains defective elements, such as a Three Day Notice that demands an incorrect amount of rent. A hearing on a Motion for Demurrer is held within 7 days of the date that the Motion is filed. CCP § 1170
The type of responsive pleading that you file will determine the timeline of the eviction proceedings and your options going forward.
Step 5 — Prepare and Serve Your Responsive Pleading
Before filing your responsive pleading with the Court you must first have your responsive pleading served on the landlord or their attorney by a person who is 18 years old or older and who is not a party to the case. Service is most commonly effected by mailing a copy of the responsive pleading to the landlord or their attorney. The person who effects service must complete and sign a Proof of Service form which must be attached to your responsive pleading as the last page before the documents are submitted for filing.
Step 6 — File Your Responsive Pleading with the Court
Your completed responsive pleading — including the signed Proof of Service — must be filed at the civil filing window of the courthouse identified on your Unlawful Detainer Summons before your filing deadline expires. The Court will require payment of a filing fee at the time of filing. If you are unable to afford the filing fee you may apply for a waiver by submitting a Request to Waive Court Fees (Form FW-001) together with your responsive pleading. In Orange County and San Diego County you must also include a completed Order on Court Fee Waiver (Form FW-003) with your fee waiver application.
Step 7 — Call Tenant Eviction Defense
Navigating the unlawful detainer process without professional assistance is extremely difficult. The deadlines are short, the procedural requirements are strict, and the consequences of a misstep can be severe. Tenant Eviction Defense is an IRS 501(c)(3) nonprofit organization dedicated to helping Southern California tenants understand their rights and options when facing eviction.
If you have received an Unlawful Detainer Summons — or if you have received a Notice of Unlawful Detainer in the mail from the Court — call our Eviction Defense Rapid Response Line immediately at (657) 510-6534. Our staff is available Monday through Friday from 8:30 a.m. to 6:00 p.m. to discuss your situation and help you understand your next steps. Do not wait. Time is working against you.
Updated April 11, 2026.