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Can an ex-parte order be used to shorten the wait time for an unlawful detainer trial?

Oakland, CA |

I realize that unlawful detainer trials are already expedited, but in the San Francisco Bay Area, with all of its rent control, and other matters (for this example, the tenant filed a frivolous demurrer which would allow him to stay in the property another month before the eviction hearing), is there any other orders that can expedite the process? I've heard of ex-parte orders. These tenants are malicious, with un-leviable income for judgment, and intent to stay as long as possible.

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Attorney answers 2


Yes, the plaintiff landlord can make an ex parte application to advance the hearing date on the demurrer to complaint and ask that the court rule on the frivolous demurrer the same date. If the court grants the ex parte application and overrules the demurrer, however, the defendant(s) will typically be ordered to file an answer within five days.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.



Is there a specific form number? Or a specific type of ex parte application?

Frank Wei-Hong Chen

Frank Wei-Hong Chen


No, there is no form for such ex parte applications.


Yes that can be done.

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