An unlawful detainer in California refers to a legal process by which a landlord seeks to evict a tenant for reasons such as non-payment of rent, violation of the lease agreement, or the expiration of the lease term. The California Code of Civil Procedure, specifically Sections 1161-1179a, outlines the procedures for unlawful detainer actions.

Here's a general overview of the process:

1. Notice:

• Before filing an unlawful detainer lawsuit, the landlord must typically provide the tenant with a written notice, such as a 3-Day Notice to Pay Rent or Quit (for non-payment of rent) or a 3-Day Notice to Cure or Quit (for lease violations).
• The notice informs the tenant of the issue and gives them a specified period (usually three days) to remedy the situation or vacate the premises.

1. Filing the Complaint:

• If the tenant does not comply with the notice within the given timeframe, the landlord can file an unlawful detainer complaint in the appropriate California Superior Court.
• The complaint must include details about the lease, the reason for eviction, and any other relevant information.

1. Service of Summons and Complaint:

• The tenant must be served with the summons and complaint, providing them with notice of the legal action against them.
• Proper service is crucial, and there are specific rules regarding how this should be done.

1. Tenant's Response:

• The tenant has a limited time to respond to the complaint (usually five days excluding weekends and holidays).
• If the tenant fails to respond within the specified time, the landlord may be able to obtain a default judgment.

1. Court Hearing:

• If the tenant responds, a court hearing will be scheduled.
• Both the landlord and tenant have the opportunity to present their case, and the judge will make a decision based on the evidence and applicable laws.

1. Writ of Possession:

• If the court rules in favor of the landlord, a Writ of Possession may be issued.
• The sheriff will execute the writ, and the tenant will be forcibly removed from the property if necessary.

It's important for both landlords and tenants to understand their rights and responsibilities during an unlawful detainer process. Consulting with an attorney is advisable for legal advice specific to individual situations. Keep in mind that laws can change, so it's a good idea to refer to the most current California legal statutes or consult with a legal professional for the latest information.