“How challenge/nullify an Ex Parte order of possession appeal?”

[SolonJ]

California

I recently filed and successfully won an Ex Parte order of repossession of stolen property (pet dog).
The defendant filed an appeal, and by California law are required to give at least 2 days advance notice of a court date for Ex Parte related appearances.
Their appeal was scheduled for the very next morning after I reclaimed my dog (he was emaciated and very ill from neglect by the defendant).
The defendant notified me of the appeal court appointment less than an hour before it began. I didn’t know of it until it was over and my court ruling was overturned. My ex hated my dog but is still trying to take him back from me just to cause harm and distress.
How do I go about bringing to the court’s attention that I was not given proper notice of the appeal date/time? This is urgent; I’m fearful my pup may not survive if he is taken by that negligent person again.
Thank you so much in advance. From both me and my pupster.

 

[adjusterjack]

My guess is that you would file an emergency motion for reconsideration on the grounds of improper notice, ask that the decision be stayed, and ask for another hearing.

Meantime, take photos of your dog's condition and take him to a vet ASAP for a written diagnosis of his condition.

Consider using a vet across town or out of town who can board your dog while he is being nursed back to health and don't tell anybody where he is.

If you keep him home and your ex shows up with a police officer, you're going to lose him again.

 

[Litigator22]

Listen, please!

You are much confused and understandingly so. However, your lawsuit over the right to the permanent possession of the dog did not end with the last court order!

If you were to take the time to read and study California law pertaining to actions for claim and delivery and the intermediate issuance of a writ of possession - ex parte or following motion and hearing. * you'd learn that the defendant did not "appeal" from the order issuing the ex parte writ of possession. All that could have occurred at that preliminary state of your lawsuit for claim and deliver of the animal is that she was successful in getting the temporary ex parte writ quashed or lifted.

But quashing the ex parte writ should not be seen as decisive of the central issue as presented in your action for claim and delivery.

"The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of the same claim. The determinations of the court under this chapter shall not be given in evidence nor referred to in the trial of any such action." CCP Section 512.110

I'm sure that you'll now have or should have other questions. If so lets hear them.

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[*] California Code of Civil Procedure Sections 511.010 - 512.520)