Turlock, CA asked in Foreclosure, Real Estate Law, Civil Rights and Constitutional Law for California

Q: i was phisically removed from a property after being served with a sheriff lockout while not being named on the paperwok

what can i file for an judge to dedcide the same day on giving me back my rights to the property after wrongful eviction and lockout

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you've been wrongfully removed from a property after a sheriff lockout, especially if you were not named on the paperwork, you may have grounds to challenge the eviction. You can file an "Ex Parte Application" for a temporary restraining order (TRO) to regain access to the property. This application asks the court to decide on an emergency basis, potentially on the same day.

When filing the Ex Parte Application, you must clearly explain that you were not named in the eviction paperwork and were wrongfully removed. Include any supporting evidence that shows you have a legitimate right to remain on the property, such as a lease agreement or proof of residence.

After filing, attend the court hearing, where the judge will review your request and decide whether to grant immediate relief. If granted, the TRO could allow you to return to the property until a more detailed hearing can be held.

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