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Law & Motion

GENERAL

All cases that are assigned to a civil direct calendar department receive a Notice of Assignment.  Law and motion and ex parte applications in a direct calendar case are heard in the department to which the case was assigned.  Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511.  

MOTIONS

In every case, to present a motion to the court, a party must:

  • reserve a hearing date with the applicable department,
  • file the motion with the court, and 
  • serve the other parties.  

A party must give notice of the hearing as required by law.  California Code of Civil Procedure Sections 1005 and 1010 et seq. apply to most motions.  See below for additional requirements for unlawful detainers and other civil cases.

EX PARTE APPLICATIONS

In every case, to present an ex parte application to the court, a party must:

  • reserve a hearing date with the applicable department (for applications that require a hearing), 
  • file the motion with the court, and 
  • give notice of the hearing date as required by law.  
California Rules of Court 3.1200 et seq. apply to ex parte applications. See below for additional requirements for unlawful detainers and other civil cases.

HOW TO RESERVE A HEARING DATE

CIVIL DIRECT CALENDAR DEPARTMENTS

For information about a direct calendar department’s hearing dates and schedules for law and motion and ex parte applications, go to the “Direct Calendar Dept” tab on DomainWeb or check the case’s Notice of Assignment. You may also call or email the department.  

 

EVICTIONS (UNLAWFUL DETAINERS) and OTHER CIVIL CASES

Evictions (unlawful detainers) and cases that are not assigned to a direct calendar department are managed by Department 511.  Email is the best way to reserve a motion hearing date or an ex parte application date in Department 511. To obtain a reservation, email the Department 511 calendar clerk at dept511@alameda.courts.ca.gov and include the following information:

  • Case name/number,
  • Party you represent,
  • Proposed dates (include at least three proposed dates to reduce the risk of the court giving you a reservation date that does not work for you),
  • Type of calendar (ex parte or law and motion), and
  • Type of law and motion or ex parte (Demurrer, Motion to Compel, etc.). 
Alternatively, a party can reserve a hearing date by calling the clerk at 510-690-2720, Monday through Friday, 8:30 am - 4:00 pm.
 
 
Dept. 511 Law & Motion Schedule:  Monday through Thursday at 9:00 a.m.
Hearings on motions scheduled in Dept. 511 may be held in Departments 507, 511, 512, or 514, all of which are at the Hayward Hall of Justice, 24405 Amador Street, Hayward.
 

Dept. 511 Ex Parte Schedule: Monday through Friday at 9:15 a.m.

 

SPECIAL NOTES FOR UNLAWFUL DETAINER CASES

  • Shorter Notice Periods May Apply. California Code of Civil Procedure Sections 1167.5, 1170.7, 1170.8, and other statutes set shorter notice periods for some motions in unlawful detainer cases.

  • Applications to Stay Evictions can be filed at any court location that accepts civil filings:

- René C. Davidson Courthouse (Oakland),

- Hayward Hall of Justice (Hayward), and

- George E. McDonald Hall of Justice (Alameda).

 

The court decides these applications without a hearing.

TENTATIVE RULINGS

The Court usually issues tentative rulings two days before most law and motion matters.  The court’s tentative ruling will become the order of the court unless the court has directed the parties to appear or a party gives notice of an intent to appear and argue the motion.  Click here for more information about tentative rulings.

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