Motion for Summary Judgement in Eviction Cases
Expediting Your Eviction Case
A motion for summary judgement can be a powerful tool to expedite eviction cases when there are no disputed material facts. Watch the video above for more information on this legal strategy.
Frequently Asked Questions About Summary Judgment in Evictions
What is a motion for summary judgment in an eviction case?
A motion for summary judgment is a legal request asking the court to rule in your favor without a full trial because there are no disputed material facts. In eviction cases, this can significantly speed up the process when the tenant has no valid legal defense - for example, when rent clearly wasn't paid and there's no dispute about the amount owed.
When can a landlord file a motion for summary judgment in California?
A landlord can file a motion for summary judgment after the tenant files their answer to the unlawful detainer complaint. It's most effective when the facts are clear and undisputed - such as documented non-payment of rent, clear lease violations, or expired lease terms with proper notice given.
How long does a motion for summary judgment take in an eviction case?
In California unlawful detainer cases, the motion must be heard within 20 days of filing under CCP 1170.7. If granted, you can obtain judgment immediately without waiting for trial. This can save weeks compared to waiting for a trial date, making it a valuable tool for landlords with clear-cut cases.
What happens if the motion for summary judgment is denied?
If denied, your case proceeds to trial as normal. Denial usually means the court found there are disputed facts that need to be resolved at trial. This isn't necessarily bad - it just means the case wasn't appropriate for summary judgment. You can still win at trial.
Can a tenant file a motion for summary judgment in an eviction case?
Yes, tenants can also file motions for summary judgment if they believe there's no dispute about facts that support their defense. For example, if a landlord failed to properly serve notice or the property has habitability issues that excuse rent payment, a tenant might seek summary judgment.
What evidence do I need for a summary judgment motion in eviction?
You'll need declarations under penalty of perjury, copies of the lease agreement, the notice served to the tenant, proof of service, rent ledgers showing non-payment, and any other documentary evidence supporting your case. All facts must be supported by admissible evidence, not just allegations.