Alameda California General Form of Complaint, Petition, or Declaration for Ejectment

State:
Multi-State
County:
Alameda
Control #:
US-01684BG
Format:
Word; 
Rich Text
Instant download

Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date. Pursuant to Local Rule 1.06, the court in most departments makes a tentative ruling on the motion by p.m. the court day before the hearing.

CEB offers hundreds of California Judicial Council Forms at no charge. The forms below can be easily downloaded and filled in online.

Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

Judicial Council Forms. To help you make sure that your court documents have the information the court needs, the California courts have created a set of court forms called Judicial Council forms.

2022 California Rules of Court Each mandatory Judicial Council form is identified as mandatory by an asterisk () on the list of Judicial Council forms in Appendix A to the California Rules of Court. The list is available on the California Courts website at .

SECTION 583.210-583.250 (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant.

The Judicial Council has submitted a report to the Legislature in accordance with Government Code section 69614(c)(1) and (3), which requires the council to provide an update every two years on the need for new judgeships in the California superior courts and to report on the conversion of certain subordinate judicial

Simply put, a default judgment is a judgment against a defendant who fails to answer a lawsuit. If a person or entity is sued and ignores the lawsuit entirely, the person or entity suing has the ability to get a judgment upon meeting certain criteria.

Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.

The Judicial Council sets the direction for improving the quality of justice and advancing the consistent, independent, impartial, and accessible administration of justice by the judicial branch for the benefit of the public.

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Alameda California General Form of Complaint, Petition, or Declaration for Ejectment