Your deadline
The deadline that decides most California eviction cases is the first one: generally 5 court days from service to file a written response. Court days exclude Saturdays, Sundays, and court holidays. Miscounting is the same as missing it. Call (951) 702-7771 with your exact service date and we will confirm the day it falls.
Eviction court dates and deadlines are what decide California unlawful detainer cases far more often than the underlying facts. It is an uncomfortable thing to say plainly, but a tenant with a strong defense who misses the response window loses, and a tenant with a weak position who files on time gets a hearing, a settlement conference, and time. Understanding the sequence of dates is therefore not administrative detail. It is the substance.
Reading your summons
The summons is the document that sets your clock. It is not the complaint and it is not the notice attached to the complaint.
On it you will find: the court, which tells you where anything you file has to go; the case number, which every filing must carry; the parties, meaning who is suing whom; and the response period, stated in days from the date you were served.
Then find two things that are not printed on the summons at all: the date you were served and how you were served. Write both down immediately. Personal delivery into your hands, substituted service on another adult at the property with a copy mailed, and posting at the property with a mailed copy are all treated differently, and the difference can shift when your clock starts. Service is also, quite often, a defense in its own right.
Deadline 1: Your response, generally 5 court days
This is the deadline that matters most.
Court days mean days the court is open. Saturdays and Sundays are skipped, and so are court holidays. Five court days is usually about a calendar week, but a holiday lands in the middle often enough that you should never assume.
Within that window, a written response has to be prepared, signed, filed with the correct court, and served on the other side. In practice that means the real working deadline is a day or two earlier than the formal one, because filings get rejected for missing signatures, wrong case numbers, missing fees, and formatting problems, and a rejected filing is not a filing.
Our guide on how to respond to an unlawful detainer covers what goes into that response.
Deadline 2: Whatever your first filing sets in motion
If your first filing is an answer, the case simply moves forward toward trial.
If it is a motion to quash service or a demurrer, that filing gets a hearing date, and the hearing produces a ruling that itself creates the next deadline. A demurrer that is overruled typically leaves a short window to file an answer. A motion to quash that is denied does the same. These follow-on windows are short and are missed surprisingly often, because people treat the motion as the end of their obligations rather than the middle.
Deadline 3: The request to set case for trial
Once a response is on file, either side can file a request asking the court to set the case for trial. Unlawful detainer cases have statutory priority on California calendars, so the trial date comes on an expedited basis rather than the many months a general civil case waits.
For you, that means the period between filing your answer and standing in a courtroom can be short. Evidence gathering, witness availability, and any discovery have to happen inside it.
Deadline 4: The trial date itself, and the settlement conference
Many courts route unlawful detainer cases to a settlement conference before trial, frequently on the same morning as the trial date. This is not a formality. A large share of contested cases resolve there, typically through a written stipulation covering a move-out date, what happens with the money, and what appears on the record.
If the case does go to trial, it is usually short. Both sides present, the judge decides, and possession is awarded to one side or the other.
Missing the trial date has consequences comparable to missing the response deadline. If you have a genuine conflict, the request to continue is made to the court in advance.
Deadline 5: After a judgment
If the landlord prevails, the judgment leads to a writ of possession, the writ goes to the sheriff, and the sheriff posts a notice to vacate at the property, typically giving about five days before the lockout. That five-day window is the deadline for any emergency request, and it is short enough that preparation has to start the day the notice appears. See can I stop an eviction after judgment.
If you prevail, there are still post-trial dates worth attention, including anything about costs and, depending on the outcome, the status of the record.
Why the counting goes wrong
The four mistakes we see most:
- Counting calendar days. The most common single error, and it usually costs two days.
- Counting from the wrong start date. People count from when they read the papers, or from the date on the complaint, rather than the date of service.
- Ignoring how service happened. Substituted service and posting are not the same as personal delivery.
- Treating the formal deadline as the working deadline. Filings can be rejected. Build in a buffer.
We track the dates so you do not have to
From the first call we confirm your service date, calculate the actual deadline, prepare and file what has to be filed, and then calendar every date that follows for as long as the case runs. You get 24/7 online access to check your file’s progress at any hour, because eviction anxiety does not keep business hours.
We work in seven California counties, including Los Angeles County. Our timeline guide shows how the stages fit together.
Call (951) 702-7771 with your summons in hand. The consultation is free and the phones are answered around the clock.
Frequently asked questions
What is the difference between court days and calendar days?
Court days count only days the court is open, so Saturdays, Sundays, and court holidays are skipped. Calendar days count everything. Five court days is usually about a calendar week, but a holiday in the middle of the week pushes it further out. Eviction response deadlines are counted in court days.
Where do I find my deadline on the papers?
The summons states the number of days you have to respond and starts the count from the date you were served. The complaint and the attached notice do not set your response deadline. If you were served by substituted service or by posting and mailing, the effective start of the count can differ, which is worth confirming.
What is a request to set case for trial?
After a response is filed, either side can ask the court to set the case for trial by filing a request. Unlawful detainer cases are given priority on California court calendars, so trial dates are set on an expedited basis rather than the many months an ordinary civil case waits.
What happens at a settlement conference?
Many courts send unlawful detainer cases to a settlement conference before trial, often on the trial date itself. It is a chance to resolve the case by agreement, commonly a written stipulation with a move-out date, an arrangement about money, and terms about what goes on the record. A large share of contested cases end here.
What if I miss a court date after filing my answer?
Not appearing at trial can result in a judgment against you the same way a missed response deadline can. If a conflict is unavoidable, the request to continue has to be made to the court in advance, not explained afterwards.
How do I keep track of all of these dates?
Write down the date and method of service the day it happens, then calendar every date the court gives you and keep the paperwork together. Clients who hire us do not have to do this themselves: we calendar every deadline in the case and provide 24/7 online access to check the file's progress.
This website provides general information about the California eviction process and is not legal advice.