Legal Question in Real Estate Law in California

Re: Eviction Summons

Do you mean you need more time to respond to a summons and complaint for unlawful detainer? The Code of Civil Procedure gives you five days including Saturdays and Sundays, but excluding all other court holidays. If the last day falls on a holiday,Saturday or Sunday, you have until the next non-holiday day to file your response.

The Judicial Council has approved a form for the tenant's response to an unlawful detainer complaint. It is Form 982.1, I believe, and can be downloaded from the courts' or Judicial Council's web site or picked up at the courthouse.

If you use the form and you have affirmative defenses not mentioned on the form, you should be sure to write them in or you may lose the right to assert them later.

The five-day period to answer may be extended ("tolled") if you file some other pleading such as a motion to quash service, a demurrer or a motion to strike. The grounds upon which these motions can be made are quite limited and you would need assistance of an attorney to use them appropriately.

I hope this answers your question, which contains very little description of your problem.