What is the rule of court 7.204 in California?
Asked by: Dr. Jillian Haley | Last update: January 23, 2026Score: 4.4/5 (20 votes)
Duty to apply for order increasing bond. Immediately upon the occurrence of facts making it necessary or appropriate to increase the amount of the bond, the personal representative, or the guardian or conservator of the estate, must make an ex parte application for an order increasing the bond.
What are the requirements for ex parte relief in California?
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
How is the bond calculated in the California probate code?
(a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the personal property. (2) The probable annual gross income of the estate.
What is the rule of court 7.3 in California?
An amendment to a pleading does not restate or supersede the modified pleading but must be read together with that pleading.
What is the rule for ex parte notice in California?
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.
California Rules of Court - The Law Offices of Andy I. Chen
Can you fight an ex parte order?
If you read the Ex Parte Application and decide to oppose it you should do it in writing. Many California Superior Courts decide ex partes without argument or an in person hearing. The Courts often decide the ex parte based exclusively on the application and any written opposition.
How do you win an ex parte?
- Crafting a clear and compelling argument involves summarizing your points succinctly while making sure they're rooted in fact.
- Demonstrating immediate risk or harm necessitates concrete evidence—this could range from text messages showing threats to photographs of physical injuries.
What is the rule of court 7.700 in California?
Compensation paid in advance. The personal representative must neither pay nor receive, and the attorney for the personal representative must not receive, statutory commissions or fees or fees for extraordinary services in advance of an order of the court authorizing their payment.
What is the rule of court 7.51 in California?
Service of notice of hearing. (1) Except as otherwise permitted in the Probate Code, a notice sent by mail under Probate Code section 1220 must be mailed individually and directly to the person entitled to notice.
What is the rule 7.955 in California?
This rule requires the court to approve and allow attorney's fees in an amount that is reasonable under all the facts and circumstances, under Probate Code section 3601. The rule is declaratory of existing law concerning attorney's fees under a contingency fee agreement when the fees must be approved by the court.
Who pays for a probate bond in California?
With a few exceptions, the personal representative of a California estate must have a California probate bond. Estate administrators pay for the bond using funds from the estate.
What is the formula for bond settlement?
The settlement amount is calculated by adding back the accrued interest on the clean price and then multiplying by the face value.
How long does a probate bond last?
How Long Does a Probate Bond Last? The duration of a probate bond generally extends until the estate administration is finalized. This process includes settling all debts, paying any applicable taxes, and distributing the remaining assets to the beneficiaries.
What is good cause for ex parte?
Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (GC-112) Ask the court to waive the requirement to tell certain people about a temporary conservatorship case because telling them would cause harm.
What is irreparable harm in California?
Irreparable harm is a legal term that refers to harm or injury that cannot be adequately compensated or remedied by any monetary award or damages that may be awarded later. Irreparable harm is a necessary requirement for a court to grant a preliminary injunction or temporary restraining order .
What is the rule 3.766 in California Rules of court?
Notice to class members. If the class is certified, the court may require either party to notify the class of the action in the manner specified by the court. The class proponent must submit a statement regarding class notice and a proposed notice to class members.
What is the rule of court 7.53 in California?
Notice of hearing of amended or supplemented pleadings. An amended pleading or an amendment to a pleading requires the same notice of hearing (including publication) as the pleading it amends.
What is the rule 8.933 in California Rules of court?
Opposition. (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. (2) An opposition must contain a memorandum and a statement of any material fact not included in the petition.
What is the rule 8.817 in California Rules of court?
Rule 8.817 of the California Rules of Court requires that before you file any document with the court in a case in the appellate division of the superior court, you must serve one copy of the document on each of the other parties in the case and on anyone else when required by law (statute) or rule of court.
What is the rule of court 5.700 in California?
California Rules of the Court Rule 5.700 provides that custody, visitation, and protective orders may be made by Juvenile Court upon termination of dependency, and that these orders be provided to the Superior Court of the County where custody proceedings may have already commenced.
What is the rule 3.650 in California Rules of court?
Duty to notify court and others of stay. The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed.
Why would an ex parte be denied?
Why Would an Ex Parte Be Denied? An ex parte order might be denied for several reasons: Insufficient Evidence: If the petition doesn't provide enough evidence to prove that the child is in immediate danger, the judge may deny the ex parte order.
How to win a show cause hearing?
Show Cause hearings are very evidentiary based. You must be able to show the judge the ways in which the opposing party has not complied with the order currently in place. If the other side has not complied with the order, they will be found guilty.
What are the disadvantages of ex parte?
What are the disadvantages of ex parte proceedings? The primary disadvantages include the lack of input from the opposing party, which can lead to unilateral decision-making and potential abuse.