Real estate attorney Leo B. Siegel discusses California’s unlawful detainer process, when an eviction case may proceed to trial, and how settlement agreements can sometimes resolve disputes before trial.
An occupant may be a tenant, an unrelated individual, or a family member, including a sister living in an inherited house.
Every situation is different. The appropriate legal procedure depends on the occupant’s rights, the circumstances of the case, and applicable California law.
Please note: This video was recorded under earlier California eviction laws. Some procedural deadlines and rules governing access to eviction court records have changed. Consult a qualified California eviction attorney for guidance under current law.
Editor’s Note: California Eviction Law Updates – October 2026
The following transcript reflects attorney Leo B. Siegel’s statements at the time this video was recorded. California eviction laws have changed since then.
In particular, the response period for a personally served unlawful detainer summons and complaint is generally now 10 court days rather than five days. Rules governing public access to eviction court records also depend on California Code of Civil Procedure §1161.2 and the circumstances of the case.
A tenant’s response does not necessarily mean a trial will occur, because the parties may reach a settlement or the case may be resolved through other legal procedures.
This video is provided for educational purposes and should not be relied upon as current legal advice. Consult an experienced California eviction attorney regarding current requirements.
Eviction: Is a Trial Necessary to Evict a Tenant in California?
Video Transcript — Recorded Under Earlier California Eviction Laws
If the tenant does file a written response to the unlawful detainer summons and complaint within the required 5 days, then a trial is necessary to remove the tenant from the property.
The Eviction Process
The owner or his or her attorney applies to the court for a trial date. The trial date is assigned during the next, oh, probably 10 days. The trial will be 10 days after that and 10 to 15 days after that. The court must set the trial date within 20 days after the request is filed, by law.
You show up for the trial. The trials usually take 15-20 minutes. More often than not, unlawful detainer cases settle in the hallway before the trial begins. The settlement usually involves giving the tenant additional time to vacate the property on a date certain.
There are advantages to settling for both parties.
- The advantages to the owner are that they get possession back on a date certain without having to take the risk of going to trial. Also, if the settlement agreement is properly prepared, the tenant will be waiving any rights to what is called a stay of execution, which would extend their stay in the property after the date of the trial.
- The advantages to the tenant, the occupant, are that the unlawful detainer case, the eviction case, is dismissed when they vacate the property if they perform in a timely fashion. Unlawful detainer cases are masked from public view when they are first filed. That is, no future landlords or subsequent landlords would even know that the tenant was being subjected to eviction. Because if they did know that, they would not be very excited about renting property to someone who is already getting evicted; they are a bad risk.
- If the tenant settles the unlawful detainer case, usually in the hallway before the trial starts, or before it settles, the unlawful detainer case stays masked. No future landlord would ever see that the tenant had been subject to eviction.
- If the tenant does not settle and goes through trial and gets a judgment for possession entered against them, the masking order is lifted. Future landlords would then have access to public records that show that the person has been evicted before.
The Importance of Hiring Professionals
When representing sellers of probate and trust real estate, we occasionally encounter properties occupied by tenants or family members.
Depending on the circumstances, it may be beneficial to have the property vacant before placing it on the market. However, any decision involving an occupant must account for applicable California landlord-tenant laws, existing tenancy rights, and the property’s circumstances.
When an Executor, Administrator, or Successor Trustee is unfamiliar with property management or the legal process for recovering possession, I recommend consulting an experienced California eviction attorney.
Although do-it-yourself eviction notices are readily available online, serving the wrong notice or failing to follow the required legal procedures can cause delays and additional expenses.
California law provides different notice requirements depending on the reason for terminating an occupancy arrangement and the protections that apply. An attorney can evaluate the circumstances, determine the appropriate legal procedure, and prepare the necessary documents.
Hiring an experienced attorney involves an expense, but mistakes in the eviction process can be far more costly.
As a real estate broker specializing in probate and trust property sales, my responsibility is to advise clients on the real estate aspects of preparing and marketing the property while recommending qualified legal professionals for matters requiring legal advice.
About Leo B. Siegel
Leo B. Siegel is a real estate attorney with decades of experience handling landlord-tenant matters, evictions, co-ownership disputes, contract disputes, fraud, title issues, easements, and boundary disputes. He also has extensive trial experience.
Leo may be contacted at (831) 768-9110 or through the Stone Siegel Law Firm.
