California Codes, Code of Civil Procedure - CCP, Part 3 — Of Special Proceedings of a Civil Nature, Title 3 — Of Summary Proceedings, Chapter 4 — Summary Proceedings for Obtaining Possession of Real Property in Certain Cases, Section 1160
(a) Every person is guilty of a forcible detainer who either:
(1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise.
(2) Who, in the night-time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant.
(b) The occupant of real property, within the meaning of this section is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands.
Notes
Defines forcible detainer as unlawfully holding real property by force or threats, or entering at night or during the occupant’s absence and refusing for five days after demand to surrender it. Defines the protected occupant as one in peaceable, undisturbed possession within the five days preceding the unlawful entry.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 1160 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-3/title-3/chapter-4/section-1160