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

TO PLAINTIFF* (name):

An order to quash the ex parte writ of possession issued on (date): any levied property.

a.

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).

b.

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

Rm.:Dept.:Time:Date:

Address of court:

4.

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

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

Dated:

(SIGNATURE OF DEFENDANT OR ATTORNEY)(TYPE OR PRINT NAME OF DEFENDANT OR ATTORNEY)

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

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

(Claim and Delivery)

Code Civ. Proc., 512.020, 512.050www.courtinfo.ca.gov

Form Adopted for Mandatory UseJudicial Council of CaliforniaCD-160 [Rev. January 1, 2006]

CD-160

Page 1 of 1

FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

TELEPHONE NO.:

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PLAINTIFF:

DEFENDANT:

CASE NUMBER:

1.

2.

You are notified that defendant (name): applies for (check all that apply):

and an order releasing

c.

a.

b. same as noted above is (specify):

3.attached declaration or declarations and attached memorandum of points and authorities.

Number of pages attached:

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