C.C.P. § 1160 governs Forcible Detainer Actions which defines the taking of possession as follows:
1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise; or, 2) Who, in the night-time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant. The occupant of real property, within the meaning of this subdivision, is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands. A person may be an “actual occupant,” and have undisturbed possession of premises within five days preceding an actual entry, as required by Forcible Entry Act 1866, Stats.1866, p. 768, § 3, without the actual presence of himself or any person in his behalf. See Wilson v. Shackelford, (1871) 41 Cal. 630.
If you’re an owner or a landlord and someone has gained possession by force, or in the absence of your occupancy, then you must first serve a 5 day notice prior to filing the forcible detainer action. If faced with the proposition of filing a forcible detainer action under C.C.P. § 1160 contact one of our Los Angeles Eviction Attorneys today for a free consultation and case evaluation.