My propery was wrongfully foreclosed on and the third party purchaser is trying to evict me. Wrongful foreclosure complaint has been filed due to servicer conducting illegal trustee sale after in a previous action I was awarded a judgement for quiet title on the property. Demure in UD is based on UD action should be joined to already filed wrongful foreclosure complaint. I am having a difficult time finding a competent attorney.
It would be rare for the court to deny an ex parte application for order shortening time for service of notice of hearing on demurrer in an unlawful detainer action. Therefore, you ought to focus your efforts on your substantive arguments on your demurrer.
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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
A demurrer may not be the appropriate response in the UD action.
The best way to oppose the ex parte is to show up at the hearing and explain your reasons to the Judge why the ex parte application should be denied. It'd be better if you could file a written opposition along with a declaration setting forth the needed exhibits (i.e. a copy of the complaint in the other action, etc.) so the Judge has all the information in front of him/her and can make the right decision.
This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.