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Ex Parte Motion to Strike Complaint for Unlawful Detainer

Ex Parte Motion to Strike Complaint for Unlawful Detainer

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Published by James Alan Bush
This motion was not even heard, and the trial proceeded, at which I lost. It would have been won, if the judge decided to hear it.

Judge Barnum said it "must have been late." It was not. The clerk calendars ex parte motions hearings only when all the requisite paperwork is filed. And, they only calendar these things at the time of the hearing, so there's no date or time to miss. You simply walk into the clerk's office at 8:15, file the paperwork, and then go to the courtroom to have it heard.
This motion was not even heard, and the trial proceeded, at which I lost. It would have been won, if the judge decided to hear it.

Judge Barnum said it "must have been late." It was not. The clerk calendars ex parte motions hearings only when all the requisite paperwork is filed. And, they only calendar these things at the time of the hearing, so there's no date or time to miss. You simply walk into the clerk's office at 8:15, file the paperwork, and then go to the courtroom to have it heard.

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Published by: James Alan Bush on Apr 09, 2012
Copyright:Attribution Non-commercial

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07/19/2013

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NOTICE PAGE 1 OF 2 1-12-CV-219272NOTICE IS HEREBY GIVEN that, on April 9th, 2012, at 8:30 AM, or assoon thereafter as the matter can be heard, in Department 10 of theabove-entitled court, located at 191 North First Street, in San Jose,Defendant, James Alan Bush, will, and hereby does, move,
ex parte
,pursuant to Code Civ. Proc. §§ 435 and 436 for an order striking the
complaint on le herein. The motion will be made on the ground that the
complaint does not truthfully allege that Plaintiff, Khoa Nguyen, has thelegal capacity to sue (i.e., as owner of the premises), as required by CodeCiv. Proc. § 430.10(b), and thus the complaint should be deemed invalid.James Alan Bush471 East Julian StreetSan Jose, California 95112(408) 791-4866theoknock@yahoo.comDefendant in pro per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL DIVISION
Khoa Nguyen,Plaintiff,v.James Alan Bush,Defendant.Case No. 1-12-CV-219272NOTICE OF
EX PARTE 
MOTION TO STRIKECOMPLAINT FOR UNLAWFUL DETAINERDate: April 9th, 2012 8:30 AMDepartment: 10Judge: Hon. Kenneth Barnum
Action led: February 24th, 2012
Trial Date: April 9th, 2012
 
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NOTICE PAGE 2 OF 2 1-12-CV-219272This motion will also be made on the ground thjat the request for backrent is improper, as is more fully explained in the attached memorandum ofpoints and authorities.The motion will be based on this notice of motion, on the declaration
of the plaintiff and the supporting memorandum served and led herewith,on the records and les herein, and on such evidence as may be presented
at the hearing on the motion, which includes, but may not be limited to,
a certied document showing that ownership of the premises belongs to
Theresa Ziemkowski, and not the defendant.Dated: April 5th, 2012By: XJames Alan BushDefendant in pro per//////////////////////////////
 
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DECLARATION PAGE 1 OF 2 1-12-CV-219272I, James Alan Bush, hereby declare:1. I am the defendant in the above-captioned matter. I have personalknowledge of the facts stated in this declaration, and if called totestify, I could and would testify competently to the truth of thefacts as stated herein.2. On February 2nd, 2012, the plaintiff hand-delivered a notice statingthat the apartment must be vacated for repairs and renovation. Thisnotice, which preceded any such order of eviction and repairs by theCity of San Jose, did not state that back rent was due, nor did itJames Alan Bush471 East Julian StreetSan Jose, California 95112(408) 791-4866theoknock@yahoo.comDefendant in pro per
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL DIVISION
Khoa Nguyen,Plaintiff,v.James Alan Bush,Defendant.Case No. 1-12-CV-219272DECLARATION OF DEFENDANT IN SUPPORTOF MOTION TO STRIKE COMPLAINT FORUNLAWFUL DETAINERJudge Kenneth Barnumn

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