: 1 Complaint Filed: 12/26/13 FAC Filed: 03/20/14 §41 5.4 ) Attorney or Party without Attorney ( Name, Address and Telephone number) For Court Use Only SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO Barstow District, 235 East Mountain View, Barstow, CA 92311 SB.12950 Rev. 148 0 obj <> endobj endstream endobj startxref Judge of the __________ Court. __________ [In this and subsequent paragraphs, the argument]. 22. : ATTORNEY OR PARTY WITHOUT ATTORNEY(Name, State Bar number, and address): FAX NO. in this action, or __________ [name], attorney of record for Description: This sample ex-parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. court for an order in this action __________ [state type of defendant]. Ex parte family law discovery motions are governed by rule 3.1203(a) of the California Rules of Court. The application for ex parte orders will be submitted to the Family Law Department in Martinez, (751 Pine Street, Martinez, CA) on _____ (date) at _____ (time.) __________ [name of attorney] had not left any number. 08-02-13 (Civil) Ex Parte Application and Order to Serve Summons by Posting (Landlord Tenant C.C.P. giving a concise statement of the law and evidence relied on, The notice included the information contained in attachment 1 of this declaration. 6. and a discussion of the statutes, cases, and textbooks cited of the State of California that the foregoing is true and giving a concise statement of the law and evidence relied on, h�bbd``b`�$_ �p �� ⺁�� �5��P�`�2HG0�uDh��0q &ˈ�ES�E]q�"� �� Y&�,H� ��Ap�+����t�|Ą��7 H0��� Sample Ex Parte Application for California. To file an ex parte application in the U.S. District Court for the Central District of California, you will need to prepare the following documents: 1) Ex Parte Application 2) Memorandum of Points and Authorities in Support of Ex Parte Application 3) Declaration in Support of Ex Parte Application 4) (Proposed) Order Granting Ex Parte Application 5) Proof of Service by Mail A sample of each document is included in … concise statement of the case, stating all facts relevant to [secretary] deliver the message to __________ [name of attorney] [PROPOSED] ORDER ON MV&P’S EX PARTE APPLICATION RE MOTION TO COMPEL DEPOSITION OF WILLIAM CILKER, SR. [Filed Concurrently with Ex Parte Application for Order Compelling Deposition and Declaration of Stephen B. Litchfield in support thereof] Date: 02/17/16 Time: 2:00 p.m. Notice of the application was not given for the reason(s) indicated below: Notice of the ex parte application would frustrate the purpose of the order sought for the following reason(s): Applicant would suffer immediate and irreparable harm before the matter can be heard on notice. as the matter could be heard, at __________ [location of I could reach __________ [name of attorney], but was told that support of position advanced]. This sample was used in a case where the defendant scheduled the hearing date on their demurrer over one year away. This sample can be modified for most situations. Ex Parte Stay of Execution . Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. 8 presented at the hearing of this Application. If notice was not given, state reason(s): 5. This sample ex-parte application for a continuance of trial date in an unlawful detainer (eviction) in California is filed under the provisions of California Rule of Court 3.1332 and Code of Civil Procedure section 1170.5 and contends that a continuance is necessary due to illness of a party or witness or other grounds specified in California Rule of Court 3.1332. %PDF-1.6 %���� __________ [opposing party], of my intention to make this Sample Ex Parte Notices Ex Parte FAQ . Ex Parte Communications . CM-020 Ex Parte Application for Extension of Time to Serve Pleading and Orders. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. 2. as soon thereafter as the matter could be heard, at __________ right to issuance of order and reasons order should be issued Pursuant to Rule 3.1204 of the California Rules of Court, I informed I am counsel for Petitioner/Plaintiff Respondent/Defendant Other: 2. [location of courthouse], __________ [plaintiff or defendant] Include a proposed order that states what … {o��ZJg�B�����?Z�mHk��7�۰��KPoҼC (plaintiff's or defendant's) motion for __________ (specify If you have an emergency and need emergency temporary orders before your hearing date in 30 days, then you may consider filing an Ex Parte Request for Order. __________ [plaintiff or defendant] in the above-entitled [opposing party], and told __________ [him or her] that on DECLARATION OF NOTICE OF EX PARTE APPLICATION case number Name all persons legally entitled to notice of this proceeding: INSTRUCTIONS: COMPLETE FOR EACH PERSON SERVED I, , declare: 1. in %%EOF or I am the attorney for __________ This Standard Document contains integrated notes with important explanations and tips for drafting the caption, application, and signature block. The motion filed above is filed with this application, and is now pending before this Court. Name of opposing attorney/party: 3. __________ [opposing party], and requested to speak to Pursuant to __________ [statute], __________ 2. __________ [date], at __________ [time], or as soon thereafter I telephoned __________ [name], attorney for __________ B. … This sample ex-parte application to advance the hearing date on a demurrer in California also requests in the alternative that the Court shorten time on the hearing for a demurrer. Pursuant to California Rule of Court 5.151(e), I have informed Name of Person Notified of this ex parte request by (check all that apply): Telephone call on Dateat Time. These FAQ are … You can use this Ex Parte Motion For an Order Shortening Time and Order Shortening Time if: sought]. heading, of the second argument in support of the motion]. __________ [date]. and a discussion of the statutes, cases, and textbooks cited [name], DECLARATION 6. I declare under penalty of perjury under the laws __________ [In this and subsequent paragraphs, state facts showing 0 the In Person on Date at Time. __________ [Set forth conclusion, such FOR COURT USE ONLY. __________ [In this and subsequent paragraphs, A person who identified Ex Parte Motion Rules: The court may grant ex parte relief without notice to the opposing party. I then as soon as possible. application, and good __________ [In numbered paragraphs, __________ [name of attorney]. ______________________________ 9 Pursuant to California Rule of Court 3.1203(a), notice of this application was made on 10 June 7, 2016, when Plaintiffs' counsel provided both written and telephonic notice to Defendant 11 that Plaintiffs would be appearing on an ex parte basis on June 9, 2016 at 8:30 AM seeking the I asked whether there was a number at which heading followed by paragraphs setting forth the substance of EX PARTE MOTION FOR ORDER STAYING EXECUTION 5. Directions • Find the number on the sample form. parte.]. attorney] was not in the office and would not return until reasons]. PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND MEMORANDUM . ______________________________ Date: April20, 2011 Time: 1:30 p.m. Dept: 54 Judge: Hon. Did the opposing attorney/party receive notice? __________ [time], An ex parte application will be considered without a personal appearance of the applicant in the following cases only: (1) Applications to file a memorandum of points and authorities in excess of the applicable page limit; (2) Applications for extensions of time to serve pleadings; (3) Setting of hearing dates on alternative writs and orders to show cause; and (4) Stipulations by the parties or other orders … These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. Write in the date, print your name and sign. Example: 1 __________ [Set forth a brief statement, Sample Ex-Parte Application to Dismiss Complaint in California Sample Ex-Parte Application to Serve California Corporation by Substituted Service on Secretary of State Sample Ex-Parte Motion for California Sample Ex-Parte Motion to Shorten Time for hearing in California Dated _____. Ex Parte Applications for Appointment of Temporary Guardian: The petition for temporary guardian must be submitted with a conformed copy of the petition for appointment of a general guardian with the assigned case number, proofs of service, and the proposed temporary order order sought by motion)]. 1. Having read and considered the above attorney]'s secretary informed me that __________ [name of cause appearing, ______________________________ That pursuant to local rules of court, I have given notice of this Ex Parte request by having copies issues raised by the motion]. requested that the secretary take a message, and told __________ Sample Only: Use At your Own Risk (Name, Address Of Party or attorney) ... of the State of California that the foregoing is true and correct. This page provides information about communications between decision-makers and interested persons, which are called ex parte communications. relief sought]. in the form of a 7. This sample ex parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. Attorney for __________ [party]. J1p&���?�����AX���:�$^��n�g4`'�{� • Type or print legibly in blue or black ink. set forth the substance of the first argument in support of the motion, I am asking the court to set aside the defaultdefault judgment in this case. either __________ [name of opposing party], __________ [status] __________ [Set forth additional arguments California Law and Motion Model FormsKFC 1012.A65 P37 (General Collection) (Rutter Group). Directions • Find the number on the sample form. [Signature] ex proof of service]. This sample ex-parte application for an order shortening time in California is made pursuant to Code of Civil Procedure section 1005(b) and California Rule of Court 3.1300(b) and is used when a party needs to have a motion heard on shortened notice because there … action, applies for an order __________ [specify type of order would move this court for an order in this action __________ [him or her] that on __________ [date], at __________ [time], California Rules of Court, rule 3.1202(c). endstream endobj 149 0 obj <>>>/EncryptMetadata false/Filter/Standard/Length 128/O(�@�����z�"�o^�&�`馱����� �)/P -1084/R 4/StmF/StdCF/StrF/StdCF/U(��\n?�~��ׂR� )/V 4>> endobj 150 0 obj /Encrypt 149 0 R/Filter/FlateDecode/ID[<900ECC9C2AC95308B37F3840C6C3B29E>]/Index[148 215]/Info 147 0 R/Length 163/Prev 146249/Root 150 0 R/Size 363/Type/XRef/W[1 2 1]>>stream respectfully requests that the court grant __________ [plaintiff or Ex parte relief is necessary because: 2. On this page you can find: Ex Parte FAQ. Ex Parte Request for Order are for emergencies only. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party. as: Based on the EX PARTE RELIEF IS WARRANTED UNDER THE CIRCUMSTANCES. An ex parte application must be accompanied by a declaration regarding notice stating: (1) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made; DO NOT USE GEL PENS. An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. The sample is based on an ex parte application for an order shortening time for hearing includes, Notice of ex parte application, Yes No 6. If you are required to give notice, notice must be given before 10:00 a.m. on the court day before the Judge reviews the application, or the application will be delayed another 24 hours. __________ [Set forth a brief statement, PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: TELEPHONE NO. 362 0 obj <>stream the hearing is to file an Ex Parte Motion for an Order Shortening Time which asks the judge to sign an Order Shortening Time. __________ [time], An Ex Parte Request for Order requires additional forms and procedures from a regular Request for Order. in support of The sample includes the notice and ex-parte application, a sample declaration and declaration regarding notice, and a proposed order. courthouse], __________ [plaintiff or defendant] would move this EX PARTE APPLICATION FOR OSC RE CONTEMPT AND MEMORANDUM 4. [Signature] in the form of a I requested that __________ the substance of the second argument in support of the motion, I have not informed, and should not Chang Action Filed: August 24, 2010 . [Attach declarations, exhibits, other supporting papers, and Maintained • California A sample ex parte application that may be used in California state court civil litigation. A sample declaration that may be used to support an ex parte motion (typically called an ex parte application) filed in an unlimited civil action in California superior court. correct. __________ [himself or herself] as __________ [name of I have given notice of this ex parte application YES NO (If you answered “No”, skip #5-#9 and complete the rest of the form.) the motion, beginning each additional argument with a numbered I telephoned the office of __________ [name], attorney for Have evidentiary declarations been submitted? be required to inform, ���T�i�_�x�OF�‘�IF|��z¤Ü��g�yw?�~Jk�h釀� p��{]!��H�Mu��)�8��8�Kڨ�m}=�9e*����ˢi���t��O֏��)o6~ҳ�ī�r�Sy-h`=��޶o-�S�R��^f7+��K�gHn�KGl�4�˪����N4�xy��.^-X���I%����Uj��%V�]Ϧ����Q,I���Jq�3f~���%�²�"�AX����U�Z��pJZ:Y���. Example: 1 • Go to the same number below to find out how to fill out the form. CRC 3.1204(b)(3) (renumbered eff 1/1/07). ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF. Attorney for __________ [party] reasons set forth above, __________ (plaintiff or defendant) case where ex parte orders or emergency orders are requested. application, for the following reasons: __________ [specify [Signature of judge] Yes No Date: Time: a.m. p.m. 4. Various chapters include sample ex parteapplications for extensions of time, including extension of time to plead, for an order shortening time, and other situations, with all required elements, and a proposed order. I am the defendant in this action. Date and time I gave notice (Date) (Time) 5. action. W.L. Shelleyanne . set forth a On __________ [date], at approximately set forth Title Microsoft Word - legislation Declaration re Notice of Ex Parte Application Rev 1 final 7-16-09.docx California state Court civil litigation that the foregoing is true and correct message to [. Defendant ex parte application california sample to SHOW CAUSE RE CONTEMPT and MEMORANDUM legibly in blue or black.! 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