What is a SUM-130? The California eviction summons, explained

Form

SUM-130

Official name

Summons, Eviction (Unlawful Detainer)

Who gives it to you

Served on you by the landlord's process server, together with the complaint

The clock it starts

10 court days from the day you are served to file a written response

Version shown here

Rev. January 1, 2026, mandatory form

What to do if you are served a SUM-130

1. Write down the date and the way you were served. The clock starts on the service date, not the date printed on the form. Note whether it was handed to you, left with someone at home, or posted on the door and mailed. The method can change the count and can itself be a defense.
2. Read the complaint that came with it. The summons only tells you that you are being sued. The UD-100 complaint and the notice attached to it tell you why. The notice is where most eviction cases are won or lost, so read it line by line.
3. Choose the right first filing. For most tenants that is the UD-105 answer. If the summons or complaint has a defect on its face, or service was improper, a motion to quash or a demurrer may come first. The choice depends on the paperwork, which is why it is worth having someone read it.
4. File before the deadline and serve the landlord. File at the courthouse named in item 1 of the summons, pay the first appearance fee or file a FW-001 fee waiver with it, and have someone other than you serve a copy on the landlord or the landlord's attorney. Keep the stamped copy.

The SUM-130 is the paper that turns an eviction from a threat into a lawsuit. Its full name is Summons, Eviction (Unlawful Detainer, Forcible Detainer, Forcible Entry), and it is a mandatory Judicial Council form, which means every California court uses the same one. If a process server handed you a packet and the top page says SUMMONS with SUM-130 in the corner, a landlord has filed an unlawful detainer case against you and the court is now counting days.

What the SUM-130 says

The form is two pages, in English and Spanish. The box that matters most is the one that begins NOTICE! You have been sued. It tells you that you have 10 DAYS, not counting Saturdays and Sundays and other judicial holidays, after the summons and legal papers are served on you to file a written response at the court and have a copy served on the plaintiff. It warns that a letter or a phone call will not protect you, and that if you do not file on time you may lose the case by default.

Below the notice box, item 1 names the court and its address, item 2 gives the landlord’s attorney, and the clerk’s stamp shows the date the case was filed. The second page is the proof of service, which the process server fills out to say when and how you were served. That page is worth reading closely: the date and method written there are what the court will use to count your deadline.

Why the number of days matters

Before January 1, 2025 the response period in California eviction cases was 5 court days. Assembly Bill 2347 extended it to 10 court days, and the Judicial Council reissued the SUM-130 to match. Some county websites still host the older 2022 revision, which says 5 days. The copy you can preview and download on this page is the current mandatory revision. Whatever copy you were served, treat the deadline as sooner rather than later and count from the service date, not from the day you first read the papers.

Court days are Monday through Friday, excluding court holidays. Ten court days is normally about two calendar weeks. A response has to be prepared, signed, filed with the correct court, and served on the other side inside that window, and courts reject filings for formatting and signature problems every day.

What comes with it

A SUM-130 never arrives alone. The packet normally contains the complaint, form UD-100, with the landlord’s notice attached as an exhibit, plus the plaintiff’s mandatory cover sheet, form UD-101. If there are adults living in the home who are not named on the lease, the landlord may also serve a CP10.5 Prejudgment Claim of Right to Possession, which gives those occupants a way to be heard.

What to file in response

The standard response is the UD-105 Answer, Unlawful Detainer. It has checkboxes for the common defenses and space to explain your situation. If the summons itself is defective, or you were not served in a way the law allows, a motion to quash service can be the better opening move. If the complaint fails on its face, a demurrer can be. Each of those has its own deadline and format, so the choice should be made after someone reads the whole packet, not before.

Whichever document goes first, it has to be filed at the courthouse named on the summons, with the first appearance fee or a FW-001 fee waiver request, and a copy has to be served on the landlord’s side with a proof of service.

If the deadline has already passed

Call anyway. Until the landlord actually requests entry of default and the clerk enters it, a response can still be filed. After a default is entered there are motions to set it aside, and after a judgment there are stay requests. Each stage has fewer options than the one before it, which is why the sooner you call the more we can do.

This website provides general information about the California eviction process and is not legal advice. Court forms are reproduced from the Judicial Council of California; confirm you are using the current revision before filing.