AB2347 Extends the Time Tenant’s Have to File an Answer
In September of 2024, California Assembly Bill 2347 (AB2347) passed, introducing important changes to the timeline for tenants facing eviction proceedings. AB 2347 addressed the issue of the response time once a defendant is served with a summons in an unlawful detainer (eviction) lawsuit. Prior to January 1, 2025, a defendant in an unlawful detainer had five days not counting Saturday, Sunday or judicial holidays to file a response. Typically, a defendant files an answer to an unlawful detainer complaint; however, the time applies to a motion to quash, demurrer, or motion to strike. Starting January 1, 2025, a defendant in an unlawful detainer has ten days, not counting Saturdays, Sundays or judicial holidays to file a responsive pleading once served a summons in an eviction lawsuit.
Further, AB 2347 modified Code of Civil Procedure Section 1170 to change the timeline for a demurrer or motion to strike to be heard. After January 1, 2025, a demurrer or motion to strike must be heard no sooner than five court days nor more later than seven court days after filing the motion to strike or demurrer. An opposition to a demurrer or motion to strike can be made orally or must be filed and served the day prior to the hearing.
AB 2347 further elongates the time for an unlawful detainer. For example, substitute service adds five days to the ten court days meaning if a tenant is served via substitute service. Further, it elongates a time a person can file a prejudgment claim.