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

State:
California
County:
Sacramento
Control #:
CA-CD-160
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PDF
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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.


Sacramento California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document used in Sacramento County, California. This application is filed by a tenant or occupant of a property who wishes to challenge or contest the validity of a previously issued ex parte writ of possession. Keywords: Sacramento California, Application, Notice, Hearing, Order to Quash, Ex Parte Writ of Possession. In Sacramento, there are different types of applications and notices related to the process of quashing an ex parte writ of possession. These may include: 1. Residential Application: This type of application is specifically designed for residential tenants who wish to challenge an ex parte writ of possession issued against them. It is used for properties that are primarily used for dwelling purposes. 2. Commercial Application: If the property in question is a commercial space, such as a retail store or office, a separate application and notice may be required. This application is tailored for commercial tenants or occupants seeking to quash an ex parte writ of possession pertaining to their business premises. 3. Agricultural Application: In cases where the property is used for agricultural purposes, a specialized agricultural application may be necessary. This application and notice focus on the unique considerations related to agricultural properties and their tenants. 4. Vacated Property Application: If the tenant or occupant has already vacated the premises but wishes to challenge the ex parte writ of possession, a vacated property application can be filed. This application is used when the tenant wants to contest the writ based on procedural or legal grounds, even after they have left the property. 5. Emergency Application: In urgent situations where immediate action is required, an emergency application can be filed. This application requests an expedited hearing to seek the order to quash the ex parte writ of possession without delay. It is crucial to consult with a legal professional or refer to the specific guidelines provided by the Sacramento County Court regarding the appropriate application and notice form to use for your specific circumstances. Compliance with the correct form and procedures is essential to ensure that your application is properly considered by the court.

Sacramento California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document used in Sacramento County, California. This application is filed by a tenant or occupant of a property who wishes to challenge or contest the validity of a previously issued ex parte writ of possession. Keywords: Sacramento California, Application, Notice, Hearing, Order to Quash, Ex Parte Writ of Possession. In Sacramento, there are different types of applications and notices related to the process of quashing an ex parte writ of possession. These may include: 1. Residential Application: This type of application is specifically designed for residential tenants who wish to challenge an ex parte writ of possession issued against them. It is used for properties that are primarily used for dwelling purposes. 2. Commercial Application: If the property in question is a commercial space, such as a retail store or office, a separate application and notice may be required. This application is tailored for commercial tenants or occupants seeking to quash an ex parte writ of possession pertaining to their business premises. 3. Agricultural Application: In cases where the property is used for agricultural purposes, a specialized agricultural application may be necessary. This application and notice focus on the unique considerations related to agricultural properties and their tenants. 4. Vacated Property Application: If the tenant or occupant has already vacated the premises but wishes to challenge the ex parte writ of possession, a vacated property application can be filed. This application is used when the tenant wants to contest the writ based on procedural or legal grounds, even after they have left the property. 5. Emergency Application: In urgent situations where immediate action is required, an emergency application can be filed. This application requests an expedited hearing to seek the order to quash the ex parte writ of possession without delay. It is crucial to consult with a legal professional or refer to the specific guidelines provided by the Sacramento County Court regarding the appropriate application and notice form to use for your specific circumstances. Compliance with the correct form and procedures is essential to ensure that your application is properly considered by the court.

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FAQ

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.

Filing. Small Claims court utilizes current technology to create and maintain electronic case files. This means no paper files. You can file your case (if you have a computer with a connection to the Internet and an email address) by accessing the Small Claims Filing page.

Information for Plaintiffs/Petitioners When you file a lawsuit, you will usually file a petition or a complaint. You also will almost always need a summons. And, in most civil cases, you will need a Civil Case Cover Sheet (Form CM-010).

After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) that authorizes the Sheriff to remove (evict) the occupants from the property. The eviction is scheduled as soon as possible after the expiration of the 5-day period.

Filing Instructions Motions heard in the Law and Motion departments (Department 53 or Department 54) may be filed at the Hall of Justice Building, 813 6th Street, second floor or in the Civil Law and Motion Drop Box located in the Public Service Lobby on the first floor, or may be submitted by mail.

Ex Parte (or Emergency Notice) must be given to the other party by telephone notifying them of the time, date, place and what orders that you are asking the court for. This Notice usually must be given by 10 AM the COURT DAY before you go to the hearing.

Review and follow the steps below to gain access to the Court's electronic filing system. Step 1: Determine whether you meet the technical requirements for e-filing.Step 2: Ask for permission from the judge.Step 3: Register with PACER.Step 4: Activate Your E-Filing Privileges in the Court's Filing System.

Taking this step causes the court to create a file for your case, and issue a case number. STEP 1: RESEARCH YOUR CASE.STEP 2: COMPLETE THE NECESSARY FORMS.STEP 3: MAKE COPIES.STEP 4: FILE YOUR DOCUMENTS.Step 4.1: Determine your filing fee.Step 4.2: File your documents in the drop-box.STEP 5: HAVE YOUR DOCUMENTS SERVED.

Filing Fees Claims for $1,500.00 or less$30.00Claims from $1,500.01 to $5,000.00$50.00Claims from $5,000.01 to $10,000.00$75.00Persons or Business who have filed more than 12 claims in CA in the previous 12 mos.$100.00Service of Documents by Certified Mail$15.00 (per defendant) Fee waiver does not cover6 more rows

Complete Plaintiff's Claim and Order to Go to Small Claims Court (SC-100) (online filing or mail filing), or use computer terminal at court for a guided completion and filing of forms. File in the Small Claims Court (in Sacramento, the 2nd floor of the Carol Miller Justice Center at 301 Bicentennial Cir., or online)

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California Penal Code §1043(e) allows the court to issue a bench warrant when a defendant misses a misdemeanor trial without prior authorization. EX PARTE WRIT OF POSSESSION (JUDICIAL COUNCIL FORM CD-160).Proof Of Notice Of Ex Parte Hearing For Temporary Restraining Orders. ca. Application (name extension). Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of. Possession. 11 noticed counsel for Defendants, Mr. Mark Beckington, of the hearing on Plaintiff's Ex Parte. Board of Equalization. EX PARTE WRIT OF POSSESSION (JUDICIAL COUNCIL FORM CD-160). Application for Right to necessary Order Judge James C Chalfant.

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