Lombos Civil Disputes Flashcards
524) The role of the officer is to keep or restore order rather than enforcing the _________.
law
525) A temporary restraining order may often be obtained with or without notice to the other side. When it is obtained without notice, it is considered an “ex _________” order because it was obtained “by one party” only.
parte
526) An “___________” is simply a writ or order of the court requiring a person to refrain from a particular act. When such an order is obtained after a full evidentiary hearing or “trial,” it is considered “permanent.” That is, it stays in effect indefinitely or until modified or dissolved.
injunction
527) Domestic Violence Restraining Orders- Generally, it is important to know that these orders can be obtained for _________. That is, there is no filing fee for a petition for a protective order or for a response or modification to such an order.
free
528) An emergency protective order takes effect when it is issued and expires at the close of business (5:00 p.m.) on either the fifth _____ day after it was issued or on the seventh _______ day, whichever comes first.
court
calendar
529) Duration of Non-Emergency Orders- An order issued after notice and hearing normally will last no more than _______ years. However, by stipulation or motion of a party, a court can extend this time, and orders lasting five and ten years, or even longer, are being issued more often. If the order does not reflect an expiration date on its face, it lasts ______ years.
3
3
530) Registration and Enforcement of Non-Emergency Orders- the petitioner (protected person/victim/plaintiff) shall be provided, at no cost, ____ certified, stamped and endorsed copies of any non-emergency order, as well as of any extension, modification, or termination of an order
five
531) For cars and other vehicles subject to registration under the Vehicle Code, a repossession occurs when the repossessor gains entry to the vehicle, or when the vehicle becomes connected to a __________ truck.
tow
532) Who May Repossess-There are three groups which may repossess property.
a. The first group includes the seller and his _______-_______ employees.
b. The second group is the bank or finance company which has purchased the debt from the seller.
c. The third group includes ______ repossessors. This group is required to have a state license.
full-time
private
533) Landlord/Tenant- Removal of Former Tenant’s Property- Generally, the landlord may either leave the personal property in the vacated premises or may put it in safe storage. Either way, the landlord must give written notice to the former tenant, describing the abandoned property, informing the tenant (or other owner) where the property may be claimed, and advising her that she has 15 days (in the case of personal delivery of the notice) or 18 days (in the case of mailing the notice) within which to pay for the storage and take possession of the property.
This notice also informs the former tenant (or other owner) that if she fails to reclaim the abandoned property within the specified time, it will be sold at a public sale or, if its resale value (probably referring to garage sale prices) is less than $____, that it may be kept, sold, or destroyed by the landlord.
300
534) Defrauding Innkeepers, Etc. –it is a crime to intentionally not pay any type of “innkeeper” (hotel, restaurant, motel, campground, ski area, marina, marine facility, etc.) for services rendered or to otherwise defraud the service provider of any credit, food, fuel or accommodations.If the value of the services, credit, food, fuel or accommodations is $__________ or less, it is a misdemeanor; if the value is over $__________, it is a felony.
950
950
Duration of Non-Emergency Orders
An order issued after notice and hearing normally may last no more than ______ years. However, by stipulation or motion of a party, a court can extend this time an additional five years or permanently. If the order does not reflect an expiration date on its face, it lasts _____ years. (Fam. Code, § 6345.)
Five
Three
A judicial officer may issue an ex parte emergency protective order when a law enforcement officer presents reasonable grounds to believe:
- that a person is in __________ and present danger of domestic violence based on the endangered person’s allegation of a recent incident or threat of abuse;
- that a child is in immediate and present danger of _________ by a family or household member based on the child’s allegation of a recent incident or threat of abuse;
- that a child is in immediate and present danger of being ________ by a parent or relative based on a reasonable belief that a person has the intent to abduct the child or flee the jurisdiction or based on a recent threat to do so; or
- that an ______ or dependent adult is in immediate and present danger of abuse as defined in Welfare and Institutions Code section 15610.07, other than financial abuse, based on an allegation of a recent incident or threat of abuse. (Fam. Code, § 6250.)
Immediate
Abuse
Abducted
Elder
a. Third-Party Applications (Code Civ. Proc., §§ 527.8, 527.85)
An _______ may seek a temporary restraining order or an injunction against any individual on behalf of an employee or any number of employees who have suffered unlawful violence or a credible threat of violence at the employees’ workplace. (Code Civ. Proc., § 527.8.)
Employer
Law enforcement officers serving a GVRO shall request that all firearms and ammunition be surrendered. (Pen. Code, § 18120, subd. (b)(2).) After being served with a restraining order, the subject _______ surrender all items to the officer in a safe manner and a receipt must be issued at the time of the surrender. (Pen Code, § 18120, subd. (b)(2) & (b)(4).).
Must
If the GVRO is served by someone other than a law enforcement officer, the surrender shall occur within _____ hours of being served with the order by surrendering all firearms and ammunition in a safe manner to the control of the local law enforcement agency, selling all firearms and ammunition to a licensed firearms dealer, or transferring all firearms and ammunition to a licensed firearms dealer.
24
a. Temporary Emergency Gun Violence Restraining Orders (Pen. Code, § 18145)
Penal Code section 18125, subdivision (a), provides that a temporary _____-day emergency gun violence restraining order may be issued on an ex parte basis if a law enforcement officer asserts, and a judicial officer finds, that there is reasonable cause to believe (1) the subject of the petition poses an immediate and present danger of causing personal _______ to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and (2) a temporary emergency GVRO is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective or have been determined to be inadequate or inappropriate. (Pen. Code § 18125, subd. (b).)
21
Injury
Ex Parte Gun Violence Restraining Orders (Pen. Code, § 18150)
The 2019 amendments to Penal Code section 18150 expanded who may file a petition requesting that the court issue an ex parte gun violence restraining order to include the following persons:
- a ________ __________ _________ (who may file in the name of the law enforcement agency under Penal Code section 18109);
- an immediate _________ member of the subject of the petition as defined in Penal Code section 422.4, subdivision (b)(3);
- an _________ of the subject of the petition;
- a ________ of the subject of the petition who has had substantial and regular interactions with the subject for at least one year and has obtained the approval of their employer;
- an employee or ________ of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role.
Law enforcement officer
Family
Employer
Co-worker
Teacher
In determining whether grounds for a GVRO exist, the court will consider the following evidence:
(A) A recent threat of violence or act of violence by the subject of the petition directed toward another.
(B) A recent threat of violence or act of violence by the subject of the petition directed toward himself or herself.
(C) A _________ of an emergency protective order issued pursuant to Penal Code section 646.91 or Family Code section 6240 et seq. in effect at the time the court is considering the petition.
(D) A recent violation of an unexpired protective order issued pursuant to Family Code section 6300 et seq., Penal Code section 136.2, Code of Civil Procedure section 527.6, or Welfare and Institutions Code section 213.5 or 15657.03.
(E) A ________ for any offense listed in Penal Code section 29805.
(F) A pattern of violent acts or violent threats within the past _______ months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward himself, herself, or another. (Pen. Code, § 18155, subd. (b)(1).)
Violation
Conviction
12
The buyer has a right to “protest” or “object,” either verbally or by conduct, to the repossessor taking back the property. If this protest is so severe that the repossessor cannot take back the property without breaching the peace, i.e., using force or threats, then the repossessor loses his opportunity for “self-help” and will have to resort to legal process to ______ possession of the property. (Burns (1979) 96 Cal.App.3d 591, 600; Cal. Com. Code, § 9503.) However, the buyer’s protest must be made before the repossessor has taken possession of the object. The buyer’s _______ has the same privilege to object as the buyer.
Regain
Spouse
If the repossessor takes unattached property contained in a repossessed item, the repossessor is responsible for that property to the buyer; the buyer has a right to _________ it on demand. If the repossessor later refuses to return or disclaims knowledge of the existence of the personal property, the buyer may maintain a civil action to recover the value of such property
Recover
