Unlawful detainer is the fastest civil procedure in California. The defendant has five days to file an answer. The plaintiff can request default on day six. The trial can be set within twenty days of the answer. The entire procedure exists to resolve possession disputes quickly — and the lever that makes the speed work is strict adherence to a specific service procedure under CCP §415.46.
Here is the timeline from filing to writ.
Day 0: filing
The landlord files an unlawful detainer complaint at the superior court for the county where the property sits. The filing requires the pre-filing notice (3-day pay-or-quit, 30/60/90-day, or other) to have already expired with no cure. The complaint must plead service of the notice — if the notice service was defective, the UD case can be dismissed at the pleading stage.
The court issues the summons. The clock has not started yet.
Days 1-3 (typical): personal service attempt
The summons and complaint must be served on the named tenant. The default under §415.46 is personal service. Servd policy on UD: attempt personal service on day 1, then again at a different time on day 2, then again on day 3. Three attempts at distinct times. We document each attempt with GPS, timestamp, and a photo of the door.
If personal service succeeds at any attempt, the affidavit is signed and returned to the firm. The tenant's 5-day answer clock starts at the moment of personal service.
Days 3-4: substituted service if personal fails
If personal service has failed across the three attempts and reasonable diligence is documented, the server may use UD sub-service under §415.46(b). This requires:
1. Leaving a copy of the summons and complaint with a competent person of suitable age and discretion at the rental property 2. Mailing a copy of the summons and complaint to the tenant at the rental property by first-class mail
The leave-with happens on the day of the attempt. The mailing happens within a few hours of the leave-with. Service is deemed complete 10 days after the mailing date. The 5-day answer clock starts at that point.
This is the part most people misread. UD sub-service is NOT identical to general civil sub-service under §415.20. The mailing-completion rule is different. The answer-clock start is different. Confusing the two is a common source of UD answer-clock errors.
Days 5-10 if posting is needed
If both personal and substituted service fail — usually because the property is vacant or the tenant cannot be located at the residence — the plaintiff may apply for an order to post the summons on the property under §415.46(c). The application requires the diligence record showing personal and substituted service were attempted and failed.
Once the court grants the order, the server posts the summons and complaint on the front door (photographed, GPS-stamped) and mails a copy to the tenant at the rental property. Service is deemed complete 10 days after the posting.
Day 5 (or completed-service equivalent): 5-day answer due
CCP §1167: the tenant has 5 calendar days from completed service to file an answer. If the fifth day is a weekend or court holiday, the deadline extends to the next court day.
If the tenant answers, the case proceeds to trial — typically set within 20 days.
If the tenant fails to answer, the landlord can request default on day 6.
Days 6-9: default judgment
The landlord files a request for entry of default and a request for judgment for possession (and money, if pleaded). Courts vary in turnaround time on UD defaults; many issue judgment within a few days of the request.
Days 10-15: writ of possession
After judgment, the court issues a writ of possession. The writ goes to the sheriff's civil division for execution. The sheriff posts a 5-day notice to vacate on the property. After the 5-day notice runs, the sheriff conducts the lockout.
Days 20-30: lockout
The sheriff schedules the lockout based on calendar load. Most counties in California execute within 10-14 days of receiving the writ.
What can go wrong
The five most common UD service failures:
1. Sub-service before diligence is documented — server leaves on the first attempt, the affidavit is challenged, the case restarts 2. Missing the mailing step — UD sub-service is incomplete without first-class mail; many servers forget the mailing or document it incorrectly 3. Wrong service rule applied — server uses §415.20 sub-service (mailing complete on day 1) instead of §415.46 (service complete 10 days after mailing). Answer-clock miscalculation results in defective default 4. Posting without court order — §415.46(c) posting requires the court to grant the application. Posting before the order is void 5. Defective notice service — the pre-filing 3-day notice was not personally served and the complaint pleads incorrect notice service. UD dismissed at demurrer
What good service looks like
A clean UD service from filing to affidavit at Servd looks like:
- Day 1: server attempts at 6:30 p.m. No answer, photo, GPS pin
- Day 2: server attempts at 9 a.m. No answer, photo, GPS pin
- Day 3: server attempts at noon. No answer. Decision tree branches to sub-service
- Day 3: server leaves the papers with a roommate at 12:15 p.m. Photo, GPS pin, roommate name and age estimate logged
- Day 3: server mails copy via USPS first-class at 3:30 p.m.
- Day 3, evening: affidavit drafted, signed by server with §2015.5 declarant language
- Day 4 morning: affidavit returned to firm
The 5-day clock starts on day 13 (10 days after the day-3 mailing). The default is filed day 19. The judgment posts shortly after. The writ goes out, the lockout follows.
That is the procedure working as intended. Strict, fast, correct.