Several significant updates affecting California unlawful detainer proceedings take effect January 1, 2027. These changes include new requirements for service of process, revisions to Judicial Council forms, and updates to procedures governing mediation and mandatory settlement conferences.
The following summarizes these developments and highlights key considerations for handling unlawful detainer cases.
New Service Requirements – AB 747
Effective January 1, 2027, AB 747 establishes stricter requirements governing service of process in unlawful detainer proceedings.
Key changes include:
- Reasonable Diligence: Before utilizing certain alternative methods of service, process servers must generally attempt personal service on at least three separate occasions, on different days and at different times, subject to statutory exceptions.
- Photographic Documentation: Service of the summons and complaint generally requires photographic documentation containing readable date, time, and GPS information, subject to statutory exceptions.
- Termination Notices: Unlawful detainer complaints must identify the date, time, and location where the underlying termination notice was served.
- Challenges to Service: Defendants have strengthened procedures for challenging defaults based on improper service, increasing the importance of maintaining accurate service records.
These requirements may create additional grounds for tenants to challenge service, potentially delaying possession and increasing litigation expenses.
Revised Judicial Council Forms
The California Judicial Council has approved revisions to several unlawful detainer forms, effective January 1, 2027:
- SUM-130: Revised eviction summons incorporating multilingual information.
- UD-100: Revised complaint requiring additional information regarding service of the termination notice.
- UD-105: Revised answer reflecting additional statutory defenses, including the existing Social Security hardship defense applicable to qualifying residential nonpayment cases.
- UD-116: Revised declaration for default judgment.
Mediation and Mandatory Settlement Conferences
California Rules of Court, Rule 3.2005, encourages courts to provide parties in unlawful detainer actions with an opportunity to resolve their disputes before trial, including through settlement conferences, mediation, or other alternative dispute resolution procedures.
The rule also permits courts to exempt unlawful detainer matters from the ordinary five-court-day deadline for submitting mandatory settlement conference statements, recognizing the expedited nature of these proceedings.
Additionally, amendments to Rule 3.1380, effective January 1, 2027, clarify that mandatory settlement conferences do not necessarily require in-person attendance. Courts will have discretion to authorize remote participation.
For defense counsel handling unlawful detainer matters, these changes may provide greater flexibility in coordinating settlement discussions with landlords, property managers, and other individuals with settlement authority.
The separate expansion of the general court-ordered mediation program under AB 1523 should not be assumed to apply to unlawful detainer proceedings. Eligibility depends on the applicable program and court procedures.
Practical Considerations Going Forward
In light of these developments, parties handling unlawful detainer matters should consider the following:
- Review and update unlawful detainer pleading templates and service procedures.
- Coordinate with process servers to ensure compliance with the new documentation requirements.
- Preserve service records, photographs, timestamps, and supporting evidence.
- Carefully review termination notices and proofs of service before filing complaints.
- Confirm the applicable court’s mediation and mandatory settlement conference procedures.
For questions or guidance on how these updates may impact your organization, please reach out to your Gordon Rees Scully Mansukhani attorney or a member of the Landlord-Tenant Litigation & Unlawful Detainer subgroup.