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Law & Motion

 

GENERAL


Law and motion matters are generally subject to the Court's tentative ruling procedure. Click
here for more information about tentative rulings.

 

Civil law and motion matters and ex parte applications are heard in Department 31 unless the matter is assigned to another department. Further information about law and motion in Department 31 and law and motion in unlawful detainer cases is below.

 

For information about law and motion in other departments, see your Notice of Assignment, see the information about civil direct calendar departments, or complex litigation departments on DomainWeb, or call the department. The judicial directory is located here.

 

Please note:  A party presenting an ex parte application must notify all parties as required by the California Rules of Court, rules 3.1203 and 3.1204.


UNLAWFUL DETAINER CASES

 


Law and Motion Locations

In unlawful detainer (eviction) cases, law and motion matters are heard in Oakland or Hayward, depending on the location of the subject property.

 

At the time an unlawful detainer case is filed, the Court determines the proper court location for the case. The Court assigns a case number that starts with a letter corresponding to the case’s court location. See the table below for the unlawful detainer court locations for Alameda County, and the corresponding case number identifiers. When you file a motion, court staff can also assist you in confirming where the motion will be heard. See below for special information about law and motion matters in Department 31.

 

Location of Subject Property

Case Number Starts With

Court Location for Law and Motion

Alameda (City of), Berkeley, Oakland, and vicinity

R or W

Dept. 31, Post Office Building, Oakland

Fremont, Hayward, Pleasanton, and vicinity

H

Dept. 512, Hayward Hall of Justice

 

Stay Applications

If you are filing an application to stay execution of an unlawful detainer judgment (for a stay of eviction), you may file the application at the civil filing counter at the Hayward Hall of Justice or the Rene C. Davidson Courthouse. The court may be able to act on your application more quickly if you file your application at the court location that matches your case.

 

Other Ex Parte Applications

Other ex parte applications in unlawful detainer cases are generally heard at the same court location as law and motion matters. When you file an ex parte application, court staff can assist you in confirming the correct locations. See below for special information about ex parte applications in Department 31.

 

 

DEPARTMENT 31

Law and Motion
Civil law and motion matters are heard in Department 31 at 1:30 p.m., Monday through Thursday. A reservation (see below) is required before setting a matter on the law and motion calendar.

Ex Parte Applications
Ex parte applications are heard at 9:00 a.m., Monday through Friday. An appointment (see below) is usually required for an ex parte application. Appointments should generally be made at least 24 hours in advance.

 

Reservations and Appointments

A law and motion hearing reservation or ex parte appointment may be made by calling the Department 31 calendar clerk at (510) 268-5103 Monday through Friday from 8:30 AM - 4:00 PM.

Location and Filing
Department 31 is located on the second floor of the U.S. Post Office Building, 201 13th Street (between Alice and Jackson), Oakland, California 94612. The Court does not have a filing counter in the U.S. Post Office Building. To file documents, please go to the Rene C. Davidson Courthouse or any other court location with a filing counter.

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