Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession

State:
California
County:
Alameda
Control #:
CA-CD-160
Format:
PDF
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Description

Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession: This is an Application to have terminated, or quashed, an existing Writ of Possession. The Defendant requests, through his/her application, a hearing in which he/she will present their case as to to why the Writ of Possession should be lifted. The Notice of Hearing is to be sent to the opposing counsel.


Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document used in Alameda County, California. This application and notice are filed by a tenant or occupant of a property who wants to challenge or contest a previously granted Ex Parte Writ of Possession, which gives the landlord the right to take possession of the property. Keywords: Alameda California Application, Notice of Application, Hearing, Order to Quash, Ex Parte Writ of Possession. Different types of Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession may include: 1. Residential Application: This type of application and notice is used when the rented property is a residential dwelling, such as an apartment, house, or condominium. The tenant or occupant seeks to challenge the eviction process initiated by the landlord. 2. Commercial Application: If the property in question is a commercial space, such as an office, retail store, or warehouse, this type of application and notice is used. The tenant or occupant wishes to contest the eviction and retain possession of the commercial property. 3. Unlawful Detained Application: In certain cases, the tenant or occupant may file an application and notice to quash an unlawful detained. Unlawful detained occurs when the tenant continues to occupy the property after the lease or rental agreement has been terminated, leading to an eviction process. This specific type of application is used when challenging the writ of possession issued in an unlawful detained case. 4. Post-Filing Application: Sometimes, a tenant or occupant may file an application and notice after the initial Ex Parte Writ of Possession has been granted by the court. This application is designed to contest the writ and request a hearing to present evidence and arguments against the eviction. Note: The aforementioned types are examples and may not cover all possible variations of the Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession. It is advisable to consult with a legal professional for accurate guidance and to understand the specific requirements and procedures applicable in the Alameda County jurisdiction.

Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document used in Alameda County, California. This application and notice are filed by a tenant or occupant of a property who wants to challenge or contest a previously granted Ex Parte Writ of Possession, which gives the landlord the right to take possession of the property. Keywords: Alameda California Application, Notice of Application, Hearing, Order to Quash, Ex Parte Writ of Possession. Different types of Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession may include: 1. Residential Application: This type of application and notice is used when the rented property is a residential dwelling, such as an apartment, house, or condominium. The tenant or occupant seeks to challenge the eviction process initiated by the landlord. 2. Commercial Application: If the property in question is a commercial space, such as an office, retail store, or warehouse, this type of application and notice is used. The tenant or occupant wishes to contest the eviction and retain possession of the commercial property. 3. Unlawful Detained Application: In certain cases, the tenant or occupant may file an application and notice to quash an unlawful detained. Unlawful detained occurs when the tenant continues to occupy the property after the lease or rental agreement has been terminated, leading to an eviction process. This specific type of application is used when challenging the writ of possession issued in an unlawful detained case. 4. Post-Filing Application: Sometimes, a tenant or occupant may file an application and notice after the initial Ex Parte Writ of Possession has been granted by the court. This application is designed to contest the writ and request a hearing to present evidence and arguments against the eviction. Note: The aforementioned types are examples and may not cover all possible variations of the Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession. It is advisable to consult with a legal professional for accurate guidance and to understand the specific requirements and procedures applicable in the Alameda County jurisdiction.

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FAQ

Ex Parte Applications In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing), file the motion with the court, and. give notice of the hearing date as required by law.

Specifically, California's Rules of Court allow ex parte or emergency application for orders to prevent domestic violence; for orders to prevent immediate loss or damage to property subject to disposition in the case; or to make orders about procedural matters such as the hearing date.

EX PARTE APPLICATIONS WHICH INVOLVE DOMESTIC VIOLENCE Notice must be given by t elephone or in writing to the self-represented party or to the op posing attorney so that it is received not later than four (4) hours before the time the ex parte matter will be presented to the judicial officer.

What is it? A Notice of Appearance is a document we file alerting the Clerk of Court and all the attorneys in your case that we are representing you as your attorneys. The notice is usually titled ?Notice of Appearance and Designation of Email Address.?

An Appearance is a document that informs the Court and the other party of an intention to defend the claim that has been made against you.

An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum). There is no form for most ex parte applications. However, it must be typed on pleading paper. Department 53 schedules ex parte hearings in the mornings, starting at am.

An 'Ex parte decree' is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.

A party enters an appearance when they show up to court in response to a service of process. Appearance isn't only a reference to physical presence in court when required, but also to procedural compliance (e.g., filing an answer, participating in discovery).

States the final decision of the court in a limited or unlimited civil case.

Getting Your Ex Parte Matter in Front of a Judge First, file the original documents with the court clerk. They will give you a date and time for the hearing. Next, you will need to serve the filed copies on the opposing party or their attorney.

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More info

To California Rules of Court, Rule 3.1204. 70 return postage to: Local Rules.An order staying the trial court order pending completion of an appeal. EX PARTE WRIT OF POSSESSION (JUDICIAL COUNCIL FORM CD-160). Superior Court of California, County of Alameda: Notice of . Use Form 5 to appeal a Bankruptcy Appellate Panel judgment or order.

NOTE : “REVIEW” Under California Bankruptcy and Bankruptcy Code Section, review a court or administrative agency's actions if the agency “reasonably believes” an incorrect ruling was made. If you have been sued by the creditor, attorney, or trustee and would like to know the number of days it will take your case to go to court, ask this question. If you are not sure, ask this question first. Once you have received this notice you must contact the Court (or, if you wish, the Administrator) with the information requested to schedule your hearing. When the date of your scheduled hearing is announced, you can contact the court (or, if you wish, the Administrator) with the information requested to schedule your hearing. Any other information you may request must be sent with the notice by certified mail, return receipt requested, or by first-class registered mail. The time between the notice and the date of your scheduled hearing is your “notice period.

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Alameda California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession