Cal. Civ. Code § 1952
California Civil Code
Operative Text
(a) Except as provided in subdivision (c), nothing in Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, relating to actions for unlawful detainer, forcible entry, and forcible detainer. (b) Unless the lessor amends the complaint as provided in paragraph (1) of subdivision (a) of Section 1952.3 to state a claim for damages not recoverable in the unlawful detainer proceeding, the bringing of an action under the provisions of Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure does not affect the lessor’s right to bring a separate action for relief under Sections 1951.2, 1951.5, and 1951.8, but no damages shall be recovered in the subsequent action for any detriment for which a claim for damages was made and determined on the merits in the previous action. (c) After the lessor obtains possession of the property under a judgment pursuant to Section 1174 of the Code of Civil Procedure, he is no longer entitled to the remedy provided under Section 1951.4 unless the lessee obtains relief under Section 1179 of the Code of Civil Procedure.
Cal. Civ. Code § 1952 establishes how unlawful detainer proceedings and separate civil damage actions interact when a lease is terminated. Filing an unlawful detainer action does not automatically extinguish a landlord's right to pursue separate claims for damages under the lease-termination remedy statutes, but any damages already fully litigated and decided in the unlawful detainer case cannot be recovered again in a later action. Additionally, once a landlord has regained possession through a court judgment, the option to keep a lease alive and collect rent as it comes due is generally no longer available unless the tenant obtains court-ordered relief from the forfeiture.
Plain English — not legal advice.
Under Cal. Civ. Code § 1952, a landlord who pursues an unlawful detainer action generally retains the ability to bring a separate civil action for lease-termination damages, provided those specific damages were not already adjudicated in the earlier proceeding. Compliant operators are mindful that once a judgment restoring possession is entered under Code of Civil Procedure § 1174, the remedy of holding the lease open and collecting future rent as it accrues is typically foreclosed. Landlords generally track which damage claims were raised and resolved in any prior proceeding to avoid double-recovery issues in subsequent litigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1952 means that a tenant facing both an unlawful detainer action and a later civil damages lawsuit should be aware that damages already decided on the merits in the first proceeding cannot lawfully be sought again in the second. Tenants who have lost possession through a court judgment may have the option to seek relief from forfeiture under Code of Civil Procedure § 1179, which could affect the landlord's available remedies. Tenants in this situation may benefit from consulting a tenant-rights organization or legal aid office to understand how these procedural rules apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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