Code Of Civil Procedure

CODE OF CIVIL PROCEDURE
SECTION 1159-1179a

------------------------------------------------------------------------------------------------------------

1159. 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; or,

2. Who, after entering peaceably upon real property, turns out by

force, threats, or menacing conduct, the party in possession.

The "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.

1160. Every person is guilty of a forcible detainer who either:

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.

1161. A tenant of real property, for a term less than life, or the

executor or administrator of his or her estate heretofore qualified

and now acting or hereafter to be qualified and act, is guilty of

unlawful detainer:

1. When he or she continues in possession, in person or by

subtenant, of the property, or any part thereof, after the expiration

of the term for which it is let to him or her; provided the

expiration is of a nondefault nature however brought about without

the permission of his or her landlord, or the successor in estate of

his or her landlord, if applicable; including the case where the

person to be removed became the occupant of the premises as a

servant, employee, agent, or licensee and the relation of master and

servant, or employer and employee, or principal and agent, or

licensor and licensee, has been lawfully terminated or the time fixed

for occupancy by the agreement between the parties has expired; but

nothing in this subdivision shall be construed as preventing the

removal of the occupant in any other lawful manner; but in case of a

tenancy at will, it must first be terminated by notice, as

prescribed in the Civil Code.

2. When he or she continues in possession, in person or by

subtenant, without the permission of his or her landlord, or the

successor in estate of his or her landlord, if applicable, after

default in the payment of rent, pursuant to the lease or agreement

under which the property is held, and three days' notice, in writing,

requiring its payment, stating the amount which is due, the name,

telephone number, and address of the person to whom the rent payment

shall be made, and, if payment may be made personally, the usual days

and hours that person will be available to receive the payment

(provided that, if the address does not allow for personal delivery,

then it shall be conclusively presumed that upon the mailing of any

rent or notice to the owner by the tenant to the name and address

provided, the notice or rent is deemed received by the owner on the

date posted, if the tenant can show proof of mailing to the name and

address provided by the owner), or the number of an account in a

financial institution into which the rental payment may be made, and

the name and street address of the institution (provided that the

institution is located within five miles of the rental property), or

if an electronic funds transfer procedure has been previously

established, that payment may be made pursuant to that procedure, or

possession of the property, shall have been served upon him or her

and if there is a subtenant in actual occupation of the premises,

also upon the subtenant.

The notice may be served at any time within one year after the

rent becomes due. In all cases of tenancy upon agricultural lands,

where the tenant has held over and retained possession for more than

60 days after the expiration of the term without any demand of

possession or notice to quit by the landlord or the successor in

estate of his or her landlord, if applicable, he or she shall be

deemed to be holding by permission of the landlord or successor in

estate of his or her landlord, if applicable, and shall be entitled

to hold under the terms of the lease for another full year, and shall

not be guilty of an unlawful detainer during that year, and the

holding over for that period shall be taken and construed as a

consent on the part of a tenant to hold for another year.

3. When he or she continues in possession, in person or by

subtenant, after a neglect or failure to perform other conditions or

covenants of the lease or agreement under which the property is held,

including any covenant not to assign or sublet, than the one for the

payment of rent, and three days' notice, in writing, requiring the

performance of such conditions or covenants, or the possession of the

property, shall have been served upon him or her, and if there is a

subtenant in actual occupation of the premises, also, upon the

subtenant. Within three days after the service of the notice, the

tenant, or any subtenant in actual occupation of the premises, or any

mortgagee of the term, or other person interested in its

continuance, may perform the conditions or covenants of the lease or

pay the stipulated rent, as the case may be, and thereby save the

lease from forfeiture; provided, if the conditions and covenants of

the lease, violated by the lessee, cannot afterward be performed,

then no notice, as last prescribed herein, need be given to the

lessee or his or her subtenant, demanding the performance of the

violated conditions or covenants of the lease.

A tenant may take proceedings, similar to those prescribed in this

chapter, to obtain possession of the premises let to a subtenant or

held by a servant, employee, agent, or licensee, in case of his or

her unlawful detention of the premises underlet to him or her or held

by him or her.

4. Any tenant, subtenant, or executor or administrator of his or

her estate heretofore qualified and now acting, or hereafter to be

qualified and act, assigning or subletting or committing waste upon

the demised premises, contrary to the conditions or covenants of his

or her lease, or maintaining, committing, or permitting the

maintenance or commission of a nuisance upon the demised premises or

using the premises for an unlawful purpose, thereby terminates the

lease, and the landlord, or his or her successor in estate, shall

upon service of three days' notice to quit upon the person or persons

in possession, be entitled to restitution of possession of the

demised premises under this chapter. For purposes of this

subdivision, a person who illegally sells a controlled substance upon

the premises or uses the premises to further that purpose, shall be

deemed to have committed a nuisance upon the premises.

5. When he or she gives written notice as provided in Section 1946

of the Civil Code of his or her intention to terminate the hiring of

the real property, or makes a written offer to surrender which is

accepted in writing by the landlord, but fails to deliver possession

at the time specified in that written notice, without the permission

of his or her landlord, or the successor in estate of the landlord,

if applicable.

As used in this section, tenant includes any person who hires real

property except those persons whose occupancy is described in

subdivision (b) of Section 1940 of the Civil Code.

1161.1. With respect to application of Section 1161 in cases of

possession of commercial real property after default in the payment

of rent:

(a) If the amount stated in the notice provided to the tenant

pursuant to subdivision (2) of Section 1161 is clearly identified by

the notice as an estimate and the amount claimed is not in fact

correct, but it is determined upon the trial or other judicial

determination that rent was owing, and the amount claimed in the

notice was reasonably estimated, the tenant shall be subject to

judgment for possession and the actual amount of rent and other sums

found to be due. However, if (1) upon receipt of such a notice

claiming an amount identified by the notice as an estimate, the

tenant tenders to the landlord within the time for payment required

by the notice, the amount which the tenant has reasonably estimated

to be due and (2) if at trial it is determined that the amount of

rent then due was the amount tendered by the tenant or a lesser

amount, the tenant shall be deemed the prevailing party for all

purposes. If the court determines that the amount so tendered by the

tenant was less than the amount due, but was reasonably estimated,

the tenant shall retain the right to possession if the tenant pays

to the landlord within five days of the effective date of the

judgment (1) the amount previously tendered if it had not been

previously accepted, (2) the difference between the amount tendered

and the amount determined by the court to be due, and (3) any other

sums as ordered by the court.

(b) If the landlord accepts a partial payment of rent, including

any payment pursuant to subdivision (a), after serving notice

pursuant to Section 1161, the landlord, without any further notice to

the tenant, may commence and pursue an action under this chapter to

recover the difference between the amount demanded in that notice and

the payment actually received, and this shall be specified in the

complaint.

the complaint pursuant to Section 1166, the landlord's acceptance of

the partial payment is evidence only of that payment, without waiver

of any rights or defenses of any of the parties. The landlord shall

be entitled to amend the complaint to reflect the partial payment

without creating a necessity for the filing of an additional answer

or other responsive pleading by the tenant, and without prior leave

of court, and such an amendment shall not delay the matter from

proceeding. However, this subdivision shall apply only if the

landlord provides actual notice to the tenant that acceptance of the

partial rent payment does not constitute a waiver of any rights,

including any right the landlord may have to recover possession of

the property.

(d) "Commercial real property" as used in this section, means all

real property in this state except dwelling units made subject to

Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of

Division 3 of the Civil Code, mobilehomes as defined in Section

798.3 of the Civil Code, or recreational vehicles as defined in

Section 799.24 of the Civil Code.

(e) For the purposes of this section, there is a presumption

affecting the burden of proof that the amount of rent claimed or

tendered is reasonably estimated if, in relation to the amount

determined to be due upon the trial or other judicial determination

of that issue, the amount claimed or tendered was no more than 20

percent more or less than the amount determined to be due. However,

if the rent due is contingent upon information primarily within the

knowledge of the one party to the lease and that information has not

been furnished to, or has not accurately been furnished to, the other

party, the court shall consider that fact in determining the

reasonableness of the amount of rent claimed or tendered pursuant to

subdivision (a).

1161.2. (a) Except as provided in subdivision (g), in any case

filed under this chapter as a limited civil case, the court clerk

shall not allow access to the court file, index, register of actions,

or other court records until 60 days following the date the

complaint is filed, except pursuant to an ex parte court order upon a

showing of good cause therefor by any person including, but not

limited to, a newspaper publisher. However, the clerk of the court

shall allow access to the court file to a party in the action, an

attorney of a party in the action, or any other person who (1)

provides to the clerk the names of at least one plaintiff, one

defendant, and the address, including the apartment, unit, or space

number, if applicable, of the subject premises, or (2) provides to

the clerk the name of one of the parties or the case number and can

establish through proper identification that he or she resides at the

subject premises.

(b) For purposes of this section, "good cause" includes, but is

not limited to, the gathering of newsworthy facts by a person

described in Section 1070 of the Evidence Code. It is the intent of

the Legislature that a simple procedure be established to request the

ex parte order described in subdivision (a).

case so restricted, the court clerk shall mail notice to each

defendant named in the action. The notice shall be mailed to the

address provided in the complaint. The notice shall contain a

statement that an unlawful detainer complaint (eviction action) has

been filed naming that party as a defendant, and that access to the

court file will be delayed for 60 days except to a party, an attorney

for one of the parties, or any other person who (1) provides to the

clerk the names of at least one plaintiff and one defendant in the

action and provides to the clerk the address, including any

applicable apartment, unit, or space number, of the subject premises,

or (2) provides to the clerk the name of one of the parties in the

action or the case number and can establish through proper

identification that he or she lives at the subject premises. The

notice shall also contain a statement that access to the court index,

after the complaint is filed, except pursuant to an ex parte order

upon a showing of good cause therefor. The notice shall contain on

its face the name and phone number of the county bar association and

the name and phone number of an office funded by the federal Legal

Services Corporation that provides legal services to low-income

persons in the county in which the action is filed. The notice shall

state that these numbers may be called for legal advice regarding

the case. The notice shall be issued between 24 and 48 hours of the

filing of the complaint, excluding weekends and holidays. One copy

of the notice shall be addressed to "all occupants" and mailed

separately to the subject premises. The notice shall not constitute

service of the summons and complaint.

(d) Notwithstanding any other provision of law, the court shall

charge an additional fee of four dollars ($4) for filing a first

appearance by the plaintiff. This fee shall be included as part of

the total filing fee for actions filed under this chapter.

(e) A municipal court or the superior court in a county in which

there is no municipal court, after consultation with local

associations of rental property owners, tenant groups, and providers

of legal services to tenants, may exempt itself from the operation of

this section upon a finding that unscrupulous eviction defense

services are not a substantial problem in the judicial district. The

court shall review the finding every 12 months. An exempt court

shall not charge the additional fee authorized in subdivision (d).

(f) The Judicial Council shall examine the extent to which

requests for access to files pursuant to an ex parte order under

subdivision (a) are granted or denied, and if denied, the reason for

the denial of access.

(g) This section shall not apply to a case that seeks to terminate

a mobilehome park tenancy if the statement of the character of the

proceeding in the caption of the complaint clearly indicates that the

complaint seeks termination of a mobilehome park tenancy.

1161.5. When the notice required by Section 1161 states that the

lessor or the landlord may elect to declare the forfeiture of the

lease or rental agreement, that declaration shall be nullified and

the lease or rental agreement shall remain in effect if the lessee or

tenant performs within three days after service of the notice or if

the breach is waived by the lessor or the landlord after service of

the notice.

1161a. (a) As used in this section:

(1) "Manufactured home" has the same meaning as provided in

Section 18007 of the Health and Safety Code.

(2) "Mobilehome" has the same meaning as provided in Section 18008

of the Health and Safety Code.

(3) "Floating home" has the same meaning as provided in

subdivision (d) of Section 18075.55 of the Health and Safety Code.

(b) In any of the following cases, a person who holds over and

continues in possession of a manufactured home, mobilehome, floating

home, or real property after a three-day written notice to quit the

property has been served upon the person, or if there is a subtenant

in actual occupation of the premises, also upon such subtenant, as

prescribed in Section 1162, may be removed therefrom as prescribed in

this chapter:

(1) Where the property has been sold pursuant to a writ of

execution against such person, or a person under whom such person

claims, and the title under the sale has been duly perfected.

(2) Where the property has been sold pursuant to a writ of sale,

upon the foreclosure by proceedings taken as prescribed in this code

of a mortgage, or under an express power of sale contained therein,

executed by such person, or a person under whom such person claims,

and the title under the foreclosure has been duly perfected.

(3) Where the property has been sold in accordance with Section

2924 of the Civil Code, under a power of sale contained in a deed of

trust executed by such person, or a person under whom such person

claims, and the title under the sale has been duly perfected.

(4) Where the property has been sold by such person, or a person

under whom such person claims, and the title under the sale has been

duly perfected.

(5) Where the property has been sold in accordance with Section

18037.5 of the Health and Safety Code under the default provisions of

a conditional sale contract or security agreement executed by such

person, or a person under whom such person claims, and the title

under the sale has been duly perfected.

subtenant in possession of a rental housing unit which has been sold

by reason of any of the causes enumerated in subdivision (b), who

rents or leases the rental housing unit either on a periodic basis

from week to week, month to month, or other interval, or for a fixed

period of time, shall be given written notice to quit pursuant to

Section 1162, at least as long as the term of hiring itself but not

exceeding 30 days, before the tenant or subtenant may be removed

therefrom as prescribed in this chapter.

(d) For the purpose of subdivision (c), "rental housing unit"

means any structure or any part thereof which is rented or offered

for rent for residential occupancy in this state.

1162. The notices required by sections 1161 and 1161a may be

served, either:

1. By delivering a copy to the tenant personally; or,

2. If he be absent from his place of residence, and from his usual

place of business, by leaving a copy with some person of suitable

age and discretion at either place, and sending a copy through the

mail addressed to the tenant at his place of residence; or,

3. If such place of residence and business can not be ascertained,

or a person of suitable age or discretion there can not be found,

then by affixing a copy in a conspicuous place on the property, and

also delivering a copy to a person there residing, if such person can

be found; and also sending a copy through the mail addressed to the

tenant at the place where the property is situated. Service upon a

subtenant may be made in the same manner.

1162a. In any case in which service or exhibition of a receiver's

or levying officer's deed is required, in lieu thereof service of a

copy or copies of the deed may be made as provided in Section 1162.

1164. No person other than the tenant of the premises and

subtenant, if there be one, in the actual occupation of the premises

when the complaint is filed, need be made parties defendant in the

proceeding, nor shall any proceeding abate, nor the plaintiff be

nonsuited for the nonjoinder of any person who might have been made

party defendant, but when it appears that any of the parties served

with process, or appearing in the proceeding, are guilty of the

offense charged, judgment must be rendered against him or her. In

case a defendant has become a subtenant of the premises in

controversy, after the service of the notice provided for by

subdivision 2 of Section 1161 of this code, upon the tenant of the

premises, the fact that such notice was not served on each subtenant

shall constitute no defense to the action. All persons who enter the

premises under the tenant, after the commencement of the suit, shall

be bound by the judgment, the same as if he or they had been made

party to the action.

1165. Except as provided in the preceding section, the provisions

of Part II of this Code, relating to parties to civil actions, are

applicable to this proceeding.

1166. The plaintiff, in his complaint, which shall be verified,

must set forth the facts on which he seeks to recover, and describe

the premises with reasonable certainty, and may set forth therein any

circumstances of fraud, force, or violence which may have

accompanied the alleged forcible entry or forcible or unlawful

detainer, and claim damages therefor. In case the unlawful detainer

charged is after default in the payment of rent, the complaint must

state the amount of such rent. Upon filing the complaint, a summons

must be issued thereon.

1166a. (a) Upon filing the complaint, the plaintiff may, upon

motion, have immediate possession of the premises by a writ of

possession of a manufactured home, mobilehome, or real property

issued by the court and directed to the sheriff of the county or

marshal, for execution, where it appears to the satisfaction of the

court, after a hearing on the motion, from the verified complaint and

from any affidavits filed or oral testimony given by or on behalf of

the parties, that the defendant resides out of state, has departed

from the state, cannot, after due diligence, be found within the

state, or has concealed himself or herself to avoid the service of

summons. The motion shall indicate that the writ applies to all

tenants, subtenants, if any, named claimants, if any, and any other

occupants of the premises.

(b) Written notice of the hearing on the motion shall be served on

the defendant by the plaintiff in accordance with the provisions of

Section 1011, and shall inform the defendant as follows: "You may

file affidavits on your own behalf with the court and may appear and

present testimony on your own behalf. However, if you fail to

appear, the plaintiff will apply to the court for a writ of

possession of a manufactured home, mobilehome, or real property."

fixed and determined by the judge, to the effect that, if the

plaintiff fails to recover judgment against the defendant for the

possession of the premises or if the suit is dismissed, the plaintiff

will pay to the defendant those damages, not to exceed the amount

fixed in the undertaking, as may be sustained by the defendant by

reason of that dispossession under the writ of possession of a

manufactured home, mobilehome, or real property.

(d) If, at the hearing on the motion, the findings of the court

are in favor of the plaintiff and against the defendant, an order

shall be entered for the immediate possession of the premises.

(e) The order for the immediate possession of the premises may be

enforced as provided in Division 3 (commencing with Section 712.010)

of Title 9 of Part 2.

(f) For the purposes of this section, references in Division 3

(commencing with Section 712.010) of Title 9 of Part 2 and in

subdivisions (e) to (m), inclusive, of Section 1174, to the "judgment

debtor" shall be deemed references to the defendant, to the

"judgment creditor" shall be deemed references to the plaintiff, and

to the "judgment of possession or sale of property" shall be deemed

references to an order for the immediate possession of the premises.

1167. The summons shall be in the form specified in Section 412.20

except that when the defendant is served, the defendant's response

shall be filed within five days, including Saturdays and Sundays but

excluding all other judicial holidays, after the complaint is served

upon him or her. If the last day for filing the response falls on a

Saturday or Sunday, the response period shall be extended to and

including the next court day.

In all other respects the summons shall be issued and served and

returned in the same manner as a summons in a civil action.

1167.3. In any action under this chapter, unless otherwise ordered

by the court for good cause shown, the time allowed the defendant to

answer the complaint, answer the complaint, if amended, or amend the

answer under paragraph (2), (3), (5), (6), or (7) of subdivision (a)

of Section 586 shall not exceed five days.

1167.4. Notwithstanding any other provision of law, in any action

under this chapter:

(a) Where the defendant files a notice of motion as provided for

in subdivision (a) of Section 418.10, the time for making the motion

shall be not less than three days nor more than seven days after the

filing of the notice.

(b) The service and filing of a notice of motion under subdivision

(a) shall extend the defendant's time to plead until five days after

service upon him of the written notice of entry of an order denying

his motion, except that for good cause shown the court may extend the

defendant's time to plead for an additional period not exceeding 15

days.

1167.5. Unless otherwise ordered by the court for good cause shown,

no extension of time allowed in any action under this chapter for

the causes specified in Section 1054 shall exceed 10 days without the

consent of the adverse party.

1169. If at the time appointed any defendant served with a summons

does not appear and defend, the clerk, or the judge if there is no

clerk, upon written application of the plaintiff and proof of the

service of summons and complaint, shall enter the default of any

defendant so served, and, if requested by the plaintiff, immediately

shall enter judgment for restitution of the premises and shall issue

a writ of execution thereon. The application for default judgment

and the default judgment shall include a place to indicate that the

judgment includes tenants, subtenants, if any, named claimants, if

any, and any other occupants of the premises. Thereafter, the

plaintiff may apply to the court for any other relief demanded in the

complaint, including the costs, against the defendant, or

defendants, or against one or more of the defendants.

1170. On or before the day fixed for his appearance, the defendant

may appear and answer or demur.

1170.5. (a) If the defendant appears pursuant to Section 1170,

trial of the proceeding shall be held not later than the 20th day

following the date that the request to set the time of the trial is

made. Judgment shall be entered thereon and, if the plaintiff

prevails, a writ of execution shall be issued immediately by the

court upon the request of the plaintiff.

(b) The court may extend the period for trial upon the agreement

of all of the parties. No other extension of the time for trial of

an action under this chapter may be granted unless the court, upon

its own motion or on motion of any party, holds a hearing and renders

a decision thereon as specified in subdivision (c).

section, the court, upon finding that there is a reasonable

probability that the plaintiff will prevail in the action, shall

determine the amount of damages, if any, to be suffered by the

plaintiff by reason of the extension, and shall issue an order

requiring the defendant to pay that amount into court as the rent

would have otherwise become due and payable or into an escrow

designated by the court for so long as the defendant remains in

possession pending the termination of the action.

The determination of the amount of the payment shall be based on

the plaintiff's verified statement of the contract rent for rental

payment, any verified objection thereto filed by the defendant, and

the oral or demonstrative evidence presented at the hearing. The

court's determination of the amount of damages shall include

consideration of any evidence, presented by the parties, embracing

the issue of diminution of value or any set off permitted by law.

(d) If the defendant fails to make a payment ordered by the court,

trial of the action shall be held within 15 days of the date payment

was due.

(e) Any cost for administration of an escrow account pursuant to

this section shall be recoverable by the prevailing party as part of

any recoverable cost in the action.

(f) After trial of the action, the court shall determine the

distribution of the payment made into court or the escrow designated

by the court.

(g) Where payments into court or the escrow designated by the

court are made pursuant to this section, the court may order that the

payments be invested in an insured interest-bearing account.

Interest on the account shall be allocated to the parties in the same

proportions as the original funds are allocated.

(h) If any provision of this section or the application thereof to

any person or circumstances is held invalid, such invalidity shall

not affect other provisions or applications of the section which can

be given effect without the invalid provision or application, and to

this end the provisions of this section are severable.

(i) Nothing in this section shall be construed to abrogate or

interfere with the precedence given to the trial of criminal cases

over the trial of civil matters by Section 1050 of the Penal Code.

1170.7. A motion for summary judgment may be made at any time after

the answer is filed upon giving five days notice. Summary judgment

shall be granted or denied on the same basis as a motion under

Section 437c.

1171. Whenever an issue of fact is presented by the pleadings, it

must be tried by a jury, unless such jury be waived as in other

cases. The jury shall be formed in the same manner as other trial

juries in an action of the same jurisdictional classification in the

Court in which the action is pending.

1172. On the trial of any proceeding for any forcible entry or

forcible detainer, the plaintiff shall only be required to show, in

addition to the forcible entry or forcible detainer complained of,

that he was peaceably in the actual possession at the time of the

forcible entry, or was entitled to the possession at the time of the

forcible detainer. The defendant may show in his defense that he or

his ancestors, or those whose interest in such premises he claims,

have been in the quiet possession thereof for the space of one whole

year together next before the commencement of the proceedings, and

that his interest therein is not then ended or determined; and such

showing is a bar to the proceedings.

1173. When, upon the trial of any proceeding under this chapter, it

appears from the evidence that the defendant has been guilty of

either a forcible entry or a forcible or unlawful detainer, and other

than the offense charged in the complaint, the Judge must order that

such complaint be forthwith amended to conform to such proofs; such

amendment must be made without any imposition of terms. No

continuance shall be permitted upon account of such amendment unless

the defendant, by affidavit filed, shows to the satisfaction of the

Court good cause therefor.

1174. (a) If upon the trial, the verdict of the jury, or, if the

case be tried without a jury, the findings of the court be in favor

of the plaintiff and against the defendant, judgment shall be entered

for the possession of the premises; and if the proceedings be for an

unlawful detainer after neglect, or failure to perform the

conditions or covenants of the lease or agreement under which the

property is held, or after default in the payment of rent, the

judgment shall also declare the forfeiture of that lease or agreement

if the notice required by Section 1161 states the election of the

landlord to declare the forfeiture thereof, but if that notice does

not so state that election, the lease or agreement shall not be

forfeited.

Except as provided in Section 1166a, in any action for unlawful

detainer brought by a petroleum distributor against a gasoline

dealer, possession shall not be restored to the petroleum distributor

unless the court in the unlawful detainer action determines that the

petroleum distributor had good cause under Section 20999.1 of the

Business and Professions Code to terminate, cancel, or refuse to

renew the franchise of the gasoline dealer.

In any action for unlawful detainer brought by a petroleum

distributor against the gasoline dealer, the court may, at the time

of request of either party, require the tenant to make rental

payments into the court, for the lessor, at the contract rate,

pending the resolution of the action.

(b) The jury or the court, if the proceedings be tried without a

jury, shall also assess the damages occasioned to the plaintiff by

any forcible entry, or by any forcible or unlawful detainer, alleged

in the complaint and proved on the trial, and find the amount of any

rent due, if the alleged unlawful detainer be after default in the

payment of rent. If the defendant is found guilty of forcible entry,

or forcible or unlawful detainer, and malice is shown, the plaintiff

may be awarded statutory damages of up to six hundred dollars

($600), in addition to actual damages, including rent found due. The

trier of fact shall determine whether actual damages, statutory

damages, or both, shall be awarded, and judgment shall be entered

accordingly.