Cal. Civ. Code § 2
Jurisdiction; venue; form of writ
Operative Text
Section 2. Such person may bring an action in the superior court in the county in which the land lies if the plaintiff seeks money damages and there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or such other amount as is ordered from time to time by the supreme judicial court. Where multiple damages are allowed by law, the amount of single damages claimed shall control. Such person may bring an action in the district court in the judicial district in which the land lies. Such person may bring the action by a writ in the form of an original summons to the defendant to answer to the claim of the plaintiff that the defendant is in possession of the land or tenements in question, describing them, which he holds unlawfully against the right of the plaintiff, and, if rent and use and occupation is claimed, that the defendant owed rent and use and occupation in the amount stated; but, subject to the approval of the supreme judicial court, the judge of the housing court of the city of Boston shall determine the form of the writ in the actions brought in his court. Failure to claim rent and use and occupation in the action shall not bar a subsequent action therefor. The defendant named in a summary process summons and complaint shall not include any minors, and any such minors' names so included shall be expunged from any court record and electronic docket entry.
Mass. Gen. Laws c. 239, Section 2 establishes where and how a summary process (eviction) action may be filed in Massachusetts. A plaintiff seeking to recover possession of property may file in Superior Court when money damages are expected to exceed $25,000, or in District Court regardless of the damages amount; the Housing Court of the City of Boston follows its own court-approved writ form. The initiating document must describe the property and, if applicable, state any rent or use-and-occupation amounts claimed, though omitting that claim does not permanently waive it. Notably, the provision prohibits naming minors as defendants in a summary process summons and complaint, and requires that any minor's name already included be removed from court records and electronic dockets.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 239, Section 2, a property owner or manager initiating a summary process action generally selects the appropriate court based on the damages sought — Superior Court when damages are expected to exceed $25,000, or District Court for other matters — and ensures the summons accurately describes the property and any rent or use-and-occupation amounts being claimed. Operators filing in Boston Housing Court follow the writ form approved for that court. A compliant operator also takes care to exclude the names of any minors from the summons and complaint, as the statute requires their names to be expunged from court records if included.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 239, Section 2 provides tenants with important procedural protections, including the requirement that any minor household members not be named as defendants in a summary process action — and that their names be removed from court records if they were improperly included. Tenants who receive a summary process summons and complaint may want to review whether the filing was made in the correct court and whether the writ contains the required property description and any rent claims, as procedural defects can be relevant to a case. Tenant-rights organizations and legal aid offices familiar with Massachusetts housing law can help individuals understand how these venue and form requirements may apply to their situation under c. 239, Section 2.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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