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Earlier editions: 2020-112018-112026-09

PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE 1063-1822.60›TITLE 3. OF SUMMARY PROCEEDINGS 1132-1179a›CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases 1159-1179a

§ 1159

California Code of Civil Procedure · 2026-10 edition · updated 2026-10-04 · California

(a) Every person is guilty of a forcible entry who either:

(1) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property.

(2) Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.

(b) For purposes of this section, “party in possession” means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.

(Amended by Stats. 2018, Ch. 92, Sec. 42. (SB 1289) Effective January 1, 2019.)

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