Can I quash an ex parte writ after it s issued?

Yes. A motion to quash gives the court an opportunity to review whether proper notice, service, or emergency grounds existed. The court may vacate or modify the writ based on procedural defects or new evidence.

Are court filings eligible for electronic signatures?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA, but court filings and certain judicial orders may fall under exceptions—check local court rules before substituting electronic for handwritten signatures.

What happens if proof of service is defective?

If the proof of service is incomplete or inaccurate, the court may find notice insufficient and quash the writ, or it may deny relief if the defect is not timely raised. Correctly completed proof of service is essential.

Do affidavits need notarization?

Affidavits typically must be signed under penalty of perjury and may require notarization per state law. Some jurisdictions accept unsworn declarations under penalty of perjury; verify local rule requirements.

How should exhibits be presented to the court?

Label exhibits sequentially, reference them in the affidavit and motion, and attach an index. Electronic filings should name files to match exhibit references to avoid clerical confusion.

If the motion is denied, what are next steps?

Consider requesting reconsideration if new facts exist, obtain and review the docket entry for grounds of denial, and evaluate appellate options within the jurisdiction s deadlines.

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Hearing for Order to Quash Ex Parte Writ of Possession

Hearing for Order to Quash Ex Parte Writ of Possession

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

CD-160

FOR COURT USE ONLY

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

APPLICATION AND NOTICE OF APPLICATION AND
HEARING FOR ORDER TO QUASH EX PARTE WRIT OF POSSESSION

TO PLAINTIFF* (name):

1. You are notified that defendant (name):

applies for (check all that apply):

a. An order to quash the ex parte writ of possession issued on (date): and an order releasing

any levied property.

b. Damages sustained by the defendant proximately caused by the levy of the writ of possession and the loss of

possession of the property caused by the levy under Code of Civil Procedure section 512.020(b)(3)(iii).

c. An order staying delivery of the property pending the court hearing.

2. A hearing will be held in this court, as follows:

a. Date: Time: Dept.: Rm.:

b. Address of court: same as noted above is (specify):

3. This application is made on the ground that the plaintiff is not entitled to a writ of possession. This application is supported by the

verified answer attached declaration or declarations and attached memorandum of points and authorities.

4. Number of pages attached:

Dated:

(TYPE OR PRINT NAME OF DEFENDANT OR ATTORNEY)

(SIGNATURE OF DEFENDANT OR ATTORNEY)

* "Plaintiff" includes cross-complainant, and "defendant" includes cross-defendant.

Form Adopted for Mandatory Use

Judicial Council of California

CD-160 [Rev. January 1, 2006]

Page 1 of 1

APPLICATION AND NOTICE OF APPLICATION AND HEARING FOR

ORDER TO QUASH EX PARTE WRIT OF POSSESSION

(Claim and Delivery)

Code Civ. Proc., §§ 512.020, 512.050

What a Hearing to Quash an Ex Parte Writ of Possession Is

A Hearing for Order to Quash Ex Parte Writ of Possession is a court proceeding where a defendant or affected party asks the court to void a writ of possession that was issued without the presence or notice of that party. The hearing lets the court consider evidence, procedural defects, service or notice failures, or other legal grounds to vacate or modify the ex parte writ and restore possession or preserve rights pending final resolution.

Why This Hearing Matters for Property and Due Process

The hearing protects procedural fairness by giving an affected party an opportunity to contest an ex parte writ issued without their input. It can halt or reverse possession actions that were granted based on incomplete evidence, faulty service, or emergency applications that lacked full notice.

Who Typically Prepares or Attends This Hearing

Parties directly affected by the writ, their attorneys, and court clerks commonly prepare or appear for the hearing. Landlords, tenants, lienholders, and titleholders may engage counsel to file the necessary motions and evidence.

Tenants and defendants contesting possession; may present service and due-process defenses in court.
Landlords or plaintiffs defending an ex parte writ; must prove proper procedure and notice to the court.
Attorneys and paralegals preparing pleadings, affidavits, and evidence for the judicial record.

The hearing centralizes factual and legal disputes about notice, procedural regularity, and equitable relief so the judge can decide whether to quash, modify, or enforce the writ.

Primary Signatories and Document Authors

Tenant / Defendant

The individual or entity served with the ex parte writ who requests relief. They supply evidence of improper service, factual errors, or legal defenses and must sign any supporting affidavits under penalty of perjury.

Attorney for Party

Counsel files the motion to quash, prepares declarations and exhibits, and signs filings on behalf of a client. The attorney ensures procedural compliance with local rules and may present oral argument at the hearing.

Core Elements of the Motion and Hearing Record

A complete filing to request a hearing to quash an ex parte writ of possession should assemble legal arguments, sworn affidavits, proof of service, a proposed order, and any exhibits that bear on notice and procedural fairness.

Cover Motion

A written motion explaining legal grounds to quash the ex parte writ, citing statutes or case law supporting relief and requesting a specific remedy.

Sworn Affidavit

Declaration from the affected party or witness stating facts under penalty of perjury about service, occupancy, or procedural irregularities.

Proof of Service

Document showing how and when the writ or notice was served, including any deficiencies or missed attempts relevant to due process.

Supporting Exhibits

Photos, leases, payment records, communications, or receipts that substantiate factual assertions made in the motion and affidavit.

Proposed Order

Draft order for the judge to sign if relief is granted (vacatur, stay, or modified terms), formatted per local rule.

Certificate of Address

Contact information for all parties and counsel for service of future documents and court notices.

Step-by-Step: Filing and Preparing for the Hearing

Follow a structured sequence to prepare the motion, serve opposing parties, and request a hearing date so the court can rule on the ex parte writ with a full record.

01

Draft Motion: Prepare a concise legal motion citing controlling statutes and relevant facts.
02

Attach Affidavits: Include sworn declarations and supporting exhibits demonstrating service or factual defects.
03

Serve Parties: Serve the motion and supporting papers per local rules and confirm service method in a proof filing.
04

Request Hearing: File a hearing request with the clerk or use the court s calendar procedures to obtain a date.

How to Configure an Online Workflow for This Motion

An online workflow reduces clerical errors and centralizes signatures, exhibits, and proof of service for court submission and counsel review.

Field	Configuration
Document Template	Use a standardized motion template with locked header and caption fields.
Signature Order	Set signing order: affiant first, then attorney, then custodian of records if applicable.
Evidence Attachments	Enable multiple attachments with file naming rules to match exhibit references.
Proof of Service Form	Include a fillable proof-of-service field that auto-populates dates and methods.

Where to File and How the Submission Flows

Filing rules vary by jurisdiction; generally, submit the motion to the clerk of the court that issued the writ and follow local e-filing or in-person filing procedures.

Clerk s Office: Primary destination for motion filing and hearing scheduling under local court rules.
E-Filing Portal: Use the court s approved electronic filing system when available and required.
Service to Opposing Party: Provide service as required by local rules—certified mail, process server, or e-service via court system.
Hearing Calendar: Clerk posts hearing date; parties receive notice and must appear or submit counsel pleadings.

Digital Submission and Signing: Technical Considerations

Courts accept e-filed documents where a jurisdiction s electronic filing rules allow; verify the court s format, PDF/A preference, and signature authentication requirements before submitting.

File Formats: PDF/A preferred for court records to ensure long-term fidelity.
Signature Type: Some courts accept typed/electronically-attached signatures, others may require scanned handwritten signatures.
Authentication: Use required signer authentication (email, SMS, or court e-filing credentials).

Align digital workflows with the court s e-filing rules, preserve the audit trail, and retain original signed copies for records and potential appeals.

Common Deadlines and Timing Expectations

Timing is case- and jurisdiction-specific; meet local calendaring and service deadlines to preserve the right to a hearing and avoid waiver of procedural objections.

Emergency Relief Timeline:

Ex parte writs often issued immediately; motions to quash should be filed as soon as practical.

Service Deadline:

Serve opposing party within the time required by local rule—often immediate or within days.

Hearing Scheduling:

Courts set a hearing date based on backlog; expect days to weeks depending on jurisdiction.

Request for Stay:

If possession is imminent, request a stay or temporary restraining order concurrently with the motion.

Appeal Timing:

If denied, note appellate filing deadlines in your jurisdiction to preserve appellate rights.

Key Procedural Milestones Before and After the Hearing

Track critical milestones from filing through the hearing and any post-hearing orders to maintain compliance and preserve appeal rights.

01

File Motion

File the motion to quash with the clerk and obtain a file-stamped copy for records.

02

Complete Service

Serve all required parties and file the proof of service with the court before the hearing.

03

Attend Hearing

Appear on the scheduled date or submit a written opposition if permitted by local rules.

04

Obtain Order

Secure a signed order from the judge resolving the motion and follow its terms promptly.

Common Preparation Mistakes to Avoid

Incomplete proof of service that lacks method or date, undermining notice claims.
Unsigned or improperly sworn affidavits that the court may strike from the record.
Attaching exhibits without clear labels or references in the motion narrative.
Missing proposed order or incorrect order formatting per local rules.

Potential Consequences of Defective Filings

Motion Denial: Court may deny relief for procedural defects.

Default Enforcement: Possession may be enforced if objections are untimely.

Sanctions Risk: Court sanctions for misstatements or false affidavits.

Appeal Limitations: Untimely filings can forfeit appellate remedies.

Contempt Exposure: Noncompliance with orders can trigger contempt.

Attorney Fees: Court may award fees for frivolous motions.

Information Elements Courts Expect in the Record

Case Caption: Court, county, docket number

Parties: Full legal names and contact details

Affiant Info: Name, address, relationship to matter

Service Details: Method, date, and recipient

Exhibits: Clearly labeled documentary evidence

Proposed Order: Draft relief language for judge

Real-World Examples of Digital Workflows Supporting Motion Filings

These examples show how organizations standardize documents and signatures to reduce errors and accelerate judicial review.

Optica Ventures LLC — Brian Fitzgibbons

The interface is simple and easy to use for our team.

Streamlined document assembly reduced clerical errors.
By standardizing motion templates and signed affidavits, the firm reduced rejections and shortened time-to-hearing while preserving a clear audit trail for judges and opposing counsel.

Fertility Centers of Illinois — John Butler

The API and support were instrumental in our workflow.

Integration automated template population.
Centralizing signatures and retaining signed PDFs ensured consistent records for legal review and appeals while improving internal compliance checks.

Comparing eSignature Platforms for Document Preparation and Signing

Basic pricing and feature availability for common eSignature providers. Confirm plan details and enterprise options with each vendor for court-focused use and compliance add-ons.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Hearings to Quash Ex Parte Writs

Answers to common procedural and e-filing questions when preparing a Motion to Quash an Ex Parte Writ of Possession.

Need help? Contact support

Can I quash an ex parte writ after it s issued?
Yes. A motion to quash gives the court an opportunity to review whether proper notice, service, or emergency grounds existed. The court may vacate or modify the writ based on procedural defects or new evidence.
Are court filings eligible for electronic signatures?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA, but court filings and certain judicial orders may fall under exceptions—check local court rules before substituting electronic for handwritten signatures.
What happens if proof of service is defective?
If the proof of service is incomplete or inaccurate, the court may find notice insufficient and quash the writ, or it may deny relief if the defect is not timely raised. Correctly completed proof of service is essential.
Do affidavits need notarization?
Affidavits typically must be signed under penalty of perjury and may require notarization per state law. Some jurisdictions accept unsworn declarations under penalty of perjury; verify local rule requirements.
How should exhibits be presented to the court?
Label exhibits sequentially, reference them in the affidavit and motion, and attach an index. Electronic filings should name files to match exhibit references to avoid clerical confusion.
If the motion is denied, what are next steps?
Consider requesting reconsideration if new facts exist, obtain and review the docket entry for grounds of denial, and evaluate appellate options within the jurisdiction s deadlines.

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