Kinsey Law Offices 
Ex Parte Application
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
Defendants
 
 
________________________________
) 
)
)
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)
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CASE NO: _______
 
EX PARTE APPLICATION FOR ORDERS; DECLARATION RE EX PARTE NOTICE; DECLARATION OF ___ IN SUPPORT OF APPLICATION; MEMORANDUM OF POINTS AND AUTHORITIES; ORDER THEREON
 
Date: ______
Time: ______
Place: ______
Trial Date: _____

APPLICATION

Pursuant to __________ [statute], __________ [name],
__________ [plaintiff or defendant] in the above-entitled
action, applies for an order __________ [specify type of order
sought].

_____

DECLARATION OF ___ RE NOTICE OF EX PARTE HEARING

[EITHER]

On __________ [date], at approximately __________ [time],
I telephoned __________ [name], attorney for __________
[opposing party], and told __________ [him or her] that on
__________ [date], at __________ [time], or as soon thereafter
as the matter could be heard, at __________ [location of
courthouse], __________ [plaintiff or defendant] would move this
court for an order in this action __________ [state type of
relief sought].

[OR]

On __________ [date], at approximately __________ [time],
I telephoned the office of __________ [name], attorney for
__________ [opposing party], and requested to speak to
__________ [name of attorney]. A person who identified
__________ [himself or herself] as __________ [name of
attorney]'s secretary informed me that __________ [name of
attorney] was not in the office and would not return until
__________ [date]. I asked whether there was a number at which
I could reach __________ [name of attorney], but was told that
__________ [name of attorney] had not left any number. I then
requested that the secretary take a message, and told __________
[him or her] that on __________ [date], at __________ [time], or
as soon thereafter as the matter could be heard, at __________
[location of courthouse], __________ [plaintiff or defendant]
would move this court for an order in this action __________
[state type of relief sought]. I requested that __________
[secretary] deliver the message to __________ [name of attorney]
as soon as possible.

 

[OR]

I have not informed, and should not be required to inform,
either __________ [name of opposing party], __________ [status]
in this action, or __________ [name], attorney of record for
__________ [opposing party], of my intention to make this
application, for the following reasons: __________ [specify
reasons]. I declare under penalty of perjury under the laws
of the State of California that the foregoing is true and
correct.

Dated __________.

______________________________
[Signature]
Attorney for __________ [party]

DECLARATION OF ___ IN SUPPORT OF APPLICATION

I, __________ [name],declare as follows:

1. I am the attorney for __________ [plaintiff or
defendant].

2. __________ [In numbered paragraphs, state facts showing
right to issuance of order and reasons order should be issued ex
parte.]

 

MEMORANDUM OF POINTS AND AUTHORITIES

STATEMENT OF FACTS

 

__________ [In this and subsequent paragraphs, set forth a
concise statement of the case, stating all facts relevant to the
issues raised by the motion].

 

I.

 

__________ [Set forth a brief statement, in the form of a
heading, of the first argument in support of the motion].

__________ [In this and subsequent paragraphs, set forth
the substance of the first argument in support of the motion,
giving a concise statement of the law and evidence relied on,
and a discussion of the statutes, cases, and textbooks cited in
support of position advanced].

 

II.

__________ [Set forth a brief statement, in the form of a
heading, of the second argument in support of the motion].

__________ [In this and subsequent paragraphs, set forth
the substance of the second argument in support of the motion,
giving a concise statement of the law and evidence relied on,
and a discussion of the statutes, cases, and textbooks cited in
support of position advanced].

__________ [Set forth additional arguments in support of
the motion, beginning each additional argument with a numbered
heading followed by paragraphs setting forth the substance of
the argument].

CONCLUSION

__________ [Set forth conclusion, such as: Based on the
reasons set forth above, __________ (plaintiff or defendant)
respectfully requests that the court grant __________
(plaintiff's or defendant's) motion for __________ (specify
order sought by motion)].

Dated __________.

 

______________________________
[Signature]
Attorney for __________ [party]
[Attach declarations, exhibits, other supporting papers, and
proof of service]

 

ORDER

Having read and considered the above application, and good
cause appearing,

IT IS ORDERED that __________ [specify].

Dated __________.

 

______________________________
[Signature of judge]
Judge of the __________ Court

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