Need to know time limits on ex parte petition to remove Trustee?
3 attorney answers
Make sure you include the appropriate Declaration and Proposed Order with your Ex Parte Application and Points and Authorities.
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Orange County and Los Angeles have similar ex-parte procedures as follow;
1. You must file your Ex Parte application with the court;
2. Court will give you Ex Parte hearing date;
3. You must give notice of Ex Parte hearing date;
4. Hearing date usually approximately 5 days after you submit your Ex Parte application;
5. Personal service not required;
6. Service may be by phone on trustees attorney of record
Typically, Ex Parte applications require 24 hour notice, but most courts, Orange County included, have moved to a system where you have to file your Ex Parte application with the court first, and then they give you an Ex Parte hearing date. You then have to give notice of that date. Typically the date is 5 days or so after you submit your Ex Parte application. Personal service is not required, Ex Parte notice is provided by phone to the Trustee's lawyer.