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Petition

Petitions are set for hearing at the time of filing and are not reserved ahead of time. See Probate Filing Fees for information regarding petition fees.

Ex Parte

Please see Ex Parte Procedures. See Probate Filing Fees for information regarding petition fees.

Mental Health

See the Probate Calendar Schedule located on this page for hearing days, times and department

Motion

See the Probate Calendar Schedule located on this page for information regarding days, times, and departments for motions. See Probate Filing Fees for information regarding fees.

Mandatory Settlement Conference

Mandatory Settlement Conference and trial dates are set by the court in the course of the action.

Probate Ex Parte Procedures

GENERAL PROCEDURES:

The court will only consider ex parte applications, if the applicants have made an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or statutory basis for granting ex parte relief. CRC 3.1202(c)

All ex parte applications with supporting documents, proof of service and orders must be eFiled no later than 2 p.m. the day before the hearing except for temporary conservatorships (See below).

Noticed and contested ex parte applications are heard Monday through Thursday in Department C8.

Parties should appear in the department on the scheduled date at least 15 minutes before the hearing, and advise the clerk that the ex parte has been scheduled for that date/time and whether or not anyone is present to oppose the application.

Noticed and Contested Ex Parte Applications:

  • Requires notice to all parties who would have an interest in the ex parte application
  • A declaration stating facts relating to the efforts to give notice, if any, or facts supporting the conclusion that it was impossible to give notice, must be submitted before the hearing

Ex Parte Applications for Appointment of Temporary Conservator:

  • The petition for temporary conservator must be submitted with a conformed copy of the petition for appointment of a general conservator with the assigned case number and the proposed temporary order
  • The ex parte will be set for hearing one week after the date of submission of the ex parte documents to allow for court investigation
  • A completed "Notice of Hearing" (Judicial Council form GC 020) is required and must have been personally served, together with a copy of the petition, on the proposed conservatee at least 5 days before the date selected to appear ex parte (Probate Code section 2250.2 (c))
  • Requires 5 days notice on the person required to be named in the petition for appointment of conservator (Probate Code 2250(e)(2))
  • If seeking to shorten or waive the required notice, applicant must follow California Rules of Court, rule 7.1062 and a separate declaration must be submitted detailing the immediate and substantial harm to the proposed person and/or estate that could occur during the notice period if the 5 day required notice was to be given. If an order shortening or waiving notice is granted, the court may grant the temporary only for the time to give notice and will require you to return after the required notice was to be given. If an order shortening or waiving notice is granted, the court may grant the temporary only for the time to give notice and will require you to return after the required notice is given.
  • Appearance of the conservatee is required at hearings for temporary conservatorships with limited exceptions (Probate Code section 2250.4)

Ex Parte Applications for Appointment of Temporary Guardian:

  • The petition for temporary guardian must be submitted with a conformed copy of the petition for appointment of a general guardian with the assigned case number, proofs of service, and the proposed temporary order
  • A completed "Notice of Hearing" (Judicial Council form GC 020) is required and must have been personally served together with a copy of the petition, on the minor, if the minor is 12 years or over, at least 5 days before the date selected to appear ex parte
  • If the petition is by persons other than the parents and if the parents of the minor are living, a completed "Notice of Hearing" (Judicial Council for GC 020), together with a copy of the petition, is required and must also have been personally served on such parents at least 5 days before the date selected to appear ex parte
  • The court may require notice to other persons
  • If seeking to shorten or waive the required notice, applicant must follow California Rules of Court, rule 7.1062 and a separate declaration must be submitted detailing the immediate and substantial harm to the proposed person and/or estate that could occur during the notice period if the 5 day required notice was to be given. If an order shortening or waiving notice is granted, the court may grant the temporary only for the time to give notice and will require you to return after the required notice is given.

Ex Parte Applications for Special Letters of Administration:

  • See Superior Court of Orange County, rule 603.01
  • The petition for a special letters must be submitted with a conformed copy of the petition for appointment of a general personal representative, proofs of service and order
  • A completed "Notice of Hearing" (Judicial Council form GC 020) is required and must have been personally served, together with a copy of the petition, at least 5 days prior to date selected to appear ex parte

Ex Parte Applications that are not noticed or contested:

Applications for ex parte orders with supporting documents, and orders must be eFiled for review and action by the court.

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