Legal Question in Civil Litigation in California

You must answer within five days of being served, or the landlord can get a default judgment against you! If the fifth day falls on a holiday or weekend, then you get a free day the next business day, but I would advise filing it on the next business day after the holiday or weekend to be extra careful. If you cannot afford to file an answer, each courthouse will give you fee waiver forms so that you can file for free. There are many traps for the wary tenant, so get some legal representation now.

I don't read your question as applying to answering the complaint for unlawful detainer as Ms. Morris does. I read that you are asking about the discovery cut off in unlawful detainer actions.

As it currently stands, the discovery cutoff in unlawful detainer actions is governed by Code of Civil Procedure section 2024.040 subd. (b)(1). "This chapter does not apply to either of the following: ... Summary proceedings for obtaining possession of real property governed by Chapter 4 (commencing wih SEciond 1159) of Title 3 of Part 3. Except as provided in Sections 2024.050 and 2025.060, discovery in these proceedings shall be completed on or before the fifth day before the date set for trial."

This means that unless you have leave of court to complete discovery closer to the trial date (CCP, sect. 2024.050) or a stipulation with your opponent to complete discovery closer to the trial date, the discovery must be completed no later than 5 days prior to the date set for trial.

I do agree with Ms. Morris that you should not go it alone. A lot of this stuff is very technical, and an experienced attorney in defending tenants in evictions should be sought as soon as possible.