Legal Question in Appeals and Writs in California

prove up declaration

Recentlya friend filed a default for an unlawful detainer on a foreclosure property she bought, everything was done correctly, except the clerk won't issue a writ of posession stating that a new proceedure has been implicated and the judges either want a prove-up hearing or a declaration before the writ can be issued. She just did one of these last month and it wasn't required. My question is..what does a prove-up delaration need to contain?


Asked on 3/17/08, 9:07 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: prove up declaration

It needs to contain the evidence a plaintiff would introduce (proof) at trial to obtain the relief sought. It is proof in written form, not oral.

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Answered on 3/18/08, 1:31 pm


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