Legal Question in Real Estate Law in California
What is an ex-parte hearing? What is typically done at such a hearing? Can a person who is pro-per represent him/herself there? I wish to ask the judge for a lis pendence on a property. I have filed papers (unlimited civil).
1 Answer from Attorneys
An "ex parte" hearing is a hearing before a judge conducted upon the application of one party, and often without the presence of the other party or parties, although ex-parte hearing rules require that some prior notice be given to the other party or parties in all but exceptional circumstances. The California Rules of Court cover the subject rather thoroughly and clearly at Rules 3.1200 through 3.1207, and I'm sure you can find them on line.
I'd also recommend going to your Court's web site and reviewing the local rules regarding ex parte matters. The local court rules can expand upon, but not contradict, the statewide Rules of Court.
Finally, if your case in in a Northern California court and you'd like either (a) some low-cost legal coaching while you handle the case in pro. per., or (b) decide you'd like economical professional representation, I'd be happy to speak with you about your case. I have a fair amount of experience and some expertise in partition and similar matters requiring a lis pendens (note correct spelling) on property.