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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My brothers who have a restraining order to stay away from

Customer Question

My brothers who have a restraining order to stay away from my 91 yr old mother with orders that include to refrain from financial abuse, Quit Claimed my mother's house. The imminent sale of my mother's house will provide the ONLy source of money to pay for her care in an assisted living facility. How long does it take for an ex part filing to be brought before a judge, who is the only person to undo this heinous act by my brothers?
What do we need in hand to start the filing of an ex parte?
Submitted: 8 months ago.
Category: Family Law
Expert:  LegalGems replied 8 months ago.

Except by order of the court, upon a showing of good cause, all ex parte applications presented to the court seeking to set a matter on shortened time must provide for opposition papers to be filed and served five court days and reply papers to be filed and served two court days prior to the hearing date. The court, in its discretion, may order a shorter time or that there be no reply; but in no event shall the last paper be filed later than 9:00 a.m. two court days before the hearing (court rules here: http://www.courts.ca.gov/cms/rules/index.cfm?title=three)

So if the ex parte motion is granted, it can be heard in as little as 2 days; this is for cases of emergency-ie medical care typically would qualify.

The documents required would be:

  • A notice of hearing on the motion
  • The motion itself
  • A memorandum in support of the motion

These are all custom documents your attorney can prepare:

http://pacifica.org/documents/lawsuit/Anderson%20Ex%20Parte%20Motion%20to%20Withdraw%20copy.pdf

Detailed instructions here:

http://www.publiccounsel.org/tools/assets/files/0452.pdf

These types of motions allow the case to get before the judge instead of waiting for the regular calendar.

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