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Maverick, Attorney
Category: Legal
Satisfied Customers: 5751
Experience:  20 years experience as a civil trial and appellate lawyer
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How do I prepare Ex Parte Unlawful Detainer matter if

Customer Question

How do I prepare for an Ex Parte Unlawful Detainer matter if no papers were served but notified by phone?
Submitted: 5 months ago.
Category: Legal
Expert:  Maverick replied 5 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters…. 1. What information was given to you by phone?2. What city are you in?
Customer: replied 5 months ago.
No information given by phone.
Expert:  Maverick replied 5 months ago.
1. Not sure why, but you should have gotten some info even if it was by phone: When notice of an ex parte application is given, the person giving notice must:(1) State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and(2) Attempt to determine whether the opposing party will appear to oppose the application.CRC 3.1204(a). A request for ex parte relief must be in writing and include all of the following:(1) An application containing the case caption and stating the relief requested;(2) A declaration in support of the application making the required factual showing;(3) A declaration based on personal knowledge of the notice given;(4) A memorandum; and(5) A proposed order.CRC 3.1201 (renumbered and amended eff 1/1/07). Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made. CRC 3.1206 (renumbered eff 1/1/07). So this is your best defense.

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