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Ex Parte Application for Order Allowing Second - California Courts

Ex Parte Application for Order Allowing Second - California Courts 2025

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The document is an ex parte application submitted to the Superior Court of California, County of Santa Clara, requesting permission for the petitioner to file a Second Amended Petition without a hearing or notice. The petitioner outlines the necessity for this amendment and seeks court approval.

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What does it mean when an ex parte is denied?

The hearing is held as if the ex-parte hearing never occurred. It is likely that the ex-parte was denied because the judge felt that there was no emergency which required making orders without the opposing party having an opportunity to have time to respond.

What is the remedy against ex parte order?

When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order IX Rule 13 of the Code.

What are the grounds for ex parte custody in California?

There are allegations of child neglect, physical abuse, or sexual abuse. There is credible evidence proving the other parent is guilty of domestic violence. The parent refuses to allow the petitioning parent to exercise visitation or see their child.

What is an ex parte application for additional time to relocate?

EX PARTE APPLICATION FOR ADDITIONAL TIME TO RELOCATE This motion is usually based upon an extra ordinary hardship. You are not contesting/reversing the Judgment by filing this motion. In fact, you are admitting the unlawful detainer judgment, but asking for mercy for a severe hardship to you or your family.

How long does an ex parte order last in California?

If the judge made any emergency orders, they last until your court hearing.

How do you win an ex parte?

If by ex parte you mean a hearing where the other side fails to appear despite notice, then you must show that the other side was properly served with notice. You must then present evidence to prove that you are entitled to the relief you have requested.

What are the reasons for ex parte motion?

There must be an emergency An emergency means theres immediate danger of: Irreparable harm to someone in the case (usually you or your child) Loss or damage to property.

Why would an ex parte order be denied?

Ex partes are not usually considered by the court unless there is a true emergency such as an imminent threat of harm. Its possible that you simply didnt draft it properly or make the proper showing. You should retain an attorney.

Ex Parte Application for Order Allowing Second - California Courts 2025

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