§6.07 Trial Setting

Unlawful detainer actions have statutory precedence over all other civil actions in trial setting. [See CCP §1179a; Mobil Oil Corp. v Superior Court (1978) 79 CA3d 486, 494.] At any time after the defendant has appeared and answered the complaint, the plaintiff may request that the trial be set. The trial date must be no later than the 20th day after the request is made. [CCP §1170.5(a).] Either party must use form UD-150 to request that the case be set for trial.

On a showing of good cause, you may grant an extension of time not exceeding 10 days. [See CCP §1167.5.] Courts should strive to resolve 90 percent of unlawful detainer cases within 30 days of filing, and 100 percent within 45 days of filing. [See Stds Jud Admin §2.2(i) (former §2.1(i)).]

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The parties may avoid trial and request the judgment be entered under a stipulation. [CCP §664.6; see form UD-115.] A written stipulation for judgment, however, must be signed by the named parties, not their attorneys, to create an enforceable judgment. If an agent for a named party appears, the agent must have express authority to settle or compromise claims. [See Levy v Superior Court (1995) 10 C4th 578, 586.]