§ 1161.2.Access to Limited Civil Case Records Filed Under Chapter

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2025 · Last verified July 29, 2026

In one sentenceSection 1161.2 seals unlawful detainer court records from public view for sixty days after filing, opening access only to the parties, people who already know the case's basic details, residents of the property, or someone with a court order for good cause, and generally to anyone once the plaintiff wins a judgment.

Full Text of § 1161.2

Text sizeJump to: (a) (b) (c) (d) (e)

(a)

(1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows:

(A) To a party to the action, including a party's attorney.

(B) To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any.

(C) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency.

(D) To a person by order of the court, which may be granted ex parte, on a showing of good cause.

(E) Except as provided in subparagraph (G), to any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff.

(F) Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if judgment against all defendants has been entered for the plaintiff within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been filed on the date the default or default judgment is set aside.

(G)

(i) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial.

(ii) Subparagraphs (E) and (F) shall not apply if the plaintiff filed the action between March 4, 2020, and September 30, 2021, and the action is based on an alleged default in the payment of rent.

(2) This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the parties to the action so stipulate.

(b)

(1) For purposes of this section, "good cause" includes, but is not limited to, both of the following:

(A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.

(B) The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code.

(2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a).

(c) Upon the filing of 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 the person lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause for access. The notice shall contain on its face the following information:

(1) The name and telephone number of the county bar association.

(2) The name and telephone number of any entity that requests inclusion on the notice and demonstrates to the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code.

(3) The following statement: "The State Bar of California certifies lawyer referral services in California and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar's internet website at www.calbar.ca.gov or call 1-866-442-2529."

(4) The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone 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.

(5) The following statement, for a notice sent out pursuant to this section between October 1, 2021, and March 31, 2022:

"IMPORTANT NOTICE FROM THE STATE OF CALIFORNIA - YOU MUST TAKE ACTION TO AVOID AN EVICTION: As part of the state's COVID-19 relief plan, money has been set aside to help renters who have fallen behind on rent or utility payments. If you are behind on rent or utility payments, YOU SHOULD COMPLETE A RENTAL ASSISTANCE APPLICATION IMMEDIATELY! It is free and simple to apply. Citizenship or immigration status does not matter. You can find out how to start your application by calling 1-833-430-2122 or visiting http://housingiskey.com right away."

(d) Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter.

(e) This section does not alter any provision of the Evidence Code.

End

Plain-English Summary

Eviction filings can follow tenants for years even when the case never proves anything, so this section limits who can see an unlawful detainer file while it's pending. The clerk restricts access to a party or a party's attorney, someone who already supplies the names of at least one plaintiff and defendant plus the unit's address, a resident of the premises who can show proof of residency, or anyone with a court order granted on a showing of good cause — which subdivision (b) says includes journalists gathering newsworthy facts and parties gathering evidence for judicial notice.

Once a judgment for possession is entered for the plaintiff, the file generally opens up — either right away by court order if the judgment comes after trial more than sixty days into the case, or automatically sixty days after filing if a default or default judgment was entered against all defendants within that window. A special carve-out in subparagraph (G) requires a full trial victory, not just a default, before opening records in residential cases based on § 1161a, and preserves the sealing rules for certain COVID-era nonpayment filings between March 2020 and September 2021.

Subdivision (c) requires the clerk to mail every named defendant a notice explaining the limited access rules, along with contact information for the county bar association, certified lawyer referral services, and legal aid offices — plus, for a defined window in late 2021 and early 2022, information about COVID-19 rental assistance. Subdivision (d) adds a $15 filing fee to cover this.

Frequently Asked Questions

Are unlawful detainer case records public right away?

No. Section 1161.2 limits access for the first sixty days to parties, people who already know the case's plaintiff, defendant, and address, residents of the premises, or someone with a court order on a showing of good cause.

When do the records open up to the general public?

Generally once the plaintiff wins after a trial more than sixty days into the case, or, for cases resolved by default, sixty days after the complaint was filed — though residential cases based on § 1161a require an actual trial win, not just a default, before opening.

What notice does a defendant get about this record-sealing rule?

The clerk must mail each named defendant a notice explaining the limited access, along with contact information for the county bar association, certified lawyer referral services, and legal aid offices serving the area.

Does this section apply to COVID-era nonpayment cases?

Section 1161.2(a)(1)(G)(ii) keeps the sealing rules from being lifted by a default or trial-based judgment for cases filed between March 4, 2020, and September 30, 2021, based on an alleged rent default.

Can the parties agree to keep records sealed even after judgment?

Yes. Subdivision (a)(2) lets the court issue an order barring access if the parties to the action stipulate to it.

Amendment History

Amended by Stats 2024 ch 711 (AB 2304),s 1, eff. 1/1/2025. Amended by Stats 2021 ch 360 (AB 1584),s 7, eff. 1/1/2022. Amended by Stats 2021 ch 27 (AB 832),s 11, eff. 6/28/2021. Amended by Stats 2021 ch 2 (SB 91),s 11, eff. 1/29/2021. Amended by Stats 2020 ch 37 (AB 3088),s 17, eff. 8/31/2020. Amended by Stats 2020 ch 36 (AB 3364),s 25, eff. 1/1/2021. Amended by Stats 2016 ch 336 (AB 2819),s 3, eff. 1/1/2017. Amended by Stats 2012 ch 241 (AB 1865),s 1, eff. 1/1/2013. Amended by Stats 2010 ch 641 (SB 1149),s 1, eff. 1/1/2011. Amended by Stats 2005 ch 610 (AB 664),s 2, eff. 1/1/2006 Amended by Stats 2005 ch 75 (AB 145),s 41, eff. 7/19/2005, op. 1/1/2006 Amended by Stats 2004 ch 568 (SB 1145),s 6, eff. 1/1/2005 Amended by Stats 2003 ch 449 (AB 1712),s 15, eff. 1/1/2004. Amended by Stats 2003 ch 787 (SB 345),s 2, eff. 1/1/2004. Amended by Stats 2001 ch 824 (AB 1700), s 11, eff. 1/1/2002.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

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