I have an Ex Parte and an Unlawful Detainer served on me which are provably false. I have documentation I can get in certified copies if necessary.
This is a complicated case.
The "Petitioner" is involved in a fraud case where she has defrauded a 92 year old out of his land, his money, used his credit cards without his permission and been doing it for 17 years and refused to allow him to contact his family for the past 5 years (they live in the Philippines.) I was able to get the Petitioner's Power of Attorney revoked and help him to get an attorney. His attorney wrote the Petitioner a letter demanding she remove her "storage items" from his home which she had been storing there for 4 years. She's mad because I know.
In the meantime, the Petitioner, filed an Ex Parte to try and keep me away from the 92 year old man as she is aware I have been helping him. We live in a row of three houses. The 92 year old lives between the Petitioner and myself.
I have the documentation that every statement on the Ex Parte is false with text messages, photos, documents, etc.
What I want to do is file a Motion to Dismiss Due to Sham Pleadings but on the website, I can't find any example of this. I have the statutes, etc. but I'm not sure how to answer an Ex Parte because it's a form. She signed it under penalty of perjury.
Is there an example? What's the format? So far I have the Motion to Dismiss, Answers by paragraph denying the allegations (which I think I don't need), False Statements numbered and in one sentence format, Plain Statement of facts as it relates to the issues (which I think I don't need) and the Wherefore statement sort of...what do I need to do here?
