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

Asked about 2 years ago - 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.

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . 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... more
  2. Alan James Brinkmeier

    Contributor Level 20

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    Lawyers agree

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    Answered . Yes that can be done.

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