court_form | California
CIV-160 - Petition for Order Striking and Releasing Lien, etc. (Government Employee)
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Petition for Order Striking and Releasing Lien, etc. (Government Employee)
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Form ID: CIV-160 Title: Petition for Order Striking and Releasing Lien, etc. (Government Employee) Effective Date: 2018-09-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CIV-160 Primary Download URL: https://www.courts.ca.gov/documents/civ160.pdf Form Detail Page: Petition for Order Striking and Releasing Lien, etc. (Government Employee) (CIV-160) Used by a government officer or official to ask the court to remove a lien against their property in a pending civil suit, or order a hearing as to why the lien shouldn't be removed. Cannot be used by the general public. Get form CIV-160 Effective: September 1, 2018 PDF Text: Form Approved for Optional Use Judicial Council of California CIV-160 [Rev. September 1, 2018] PETITION FOR ORDER STRIKING AND RELEASING LIEN, ETC. (Government Employee) Code of Civil Procedure §§ 765.010-765.080; Government Code, § 6223 CIV-160 FOR COURT USE ONLY CASE NUMBER: ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER: RESPONDENT: PETITION FOR Order Striking and Releasing Lien or Other Encumbrance on Property of Public Officer or Employee Ex Parte Order to Show Cause Why Lien or Encumbrance Should Not Be Stricken and Released NOTICE: This form applies only to petitions by public officers and employees under Code of Civil Procedure sections 765.010–765.060 that involve lawsuits, liens, and encumbrances pertaining to actions that arise in the course and scope of the officer's or employee's duties. 1. Petitioner (name): requests the following: a. Order striking and releasing lien or encumbrance. b. Ex parte order to show cause why the lien or other encumbrance should not be stricken and released. 2. Respondent (name): 3. Petitioner is a public officer or employee (specify position): 4. There a related case. is is not (If there is, provide case name, case number, and counsel): 5. Petitioner has an interest in property on which a lien or encumbrance has been filed or recorded. The property is (describe): 6. Respondent has filed or recorded a lien or other encumbrance against petitioner's property or has directed another to record or file a lien or other encumbrance against the property. The lien or encumbrance is (describe): 7. Petitioner is entitled to relief because respondent filed a lawsuit or lien or other encumbrance against petitioner, knowing it is false, with the intent to harass petitioner or to hinder petitioner in discharging his or her official duties, or respondent directed another to record or file a lawsuit, lien, or other encumbrance against petitioner, knowing it is false, with the intent to harass petitioner or to influence petitioner in discharging his or her official duties. A declaration of petitioner or petitioner's attorney setting forth a concise statement of the facts upon which this petition is based is on page two of this form attached (see Attachment 7). 8. The lien or encumbrance that this petition seeks to have stricken and released does not involve a document that acts as a claim or encumbrance by a financial institution, as defined in Penal Code section 14161, subdivision (a) or Code of Civil Procedure section 481.113, or by a public entity as defined in Code of Civil Procedure section 481.200. 9. Petitioner requests relief as follows: a. Order to show cause why the lien or other encumbrance described in item 6 should not be stricken and released. b. Order striking and releasing the lien or other encumbrance described in item 6. c. Award of civil penalties against respondent under Code of Civil Procedure section 765.040 and Government Code section 6223, subdivision (c) of: $ according to proof. (Continued on reverse) Page 1 of 2 For your protection and privacy, please press the Clear button after you have printed the form. CIV-160 [Rev. September 1, 2018 PETITION FOR ORDER STRIKING AND RELEASING LIEN, ETC. (Government Employee) CIV-160 PETITIONER: RESPONDENT: CASE NUMBER: d. Award of attorney's fees and costs under Code of Civil Procedure section 765.030 of: $ according to proof. e. Other relief (specify): Date: (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER OR PETITIONER'S ATTORNEY) By: (NAME AND TITLE) DECLARATION IN SUPPORT OF PETITION (Code Civ. Proc., §§ 765.010, 2015.5) 1. I, the undersigned, declare that I am the petitioner other (specify): in the above-entitled proceeding. 2. The facts upon which this petition is based are as follows: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE) Page 2 of 2
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Form ID: CIV-160 Title: Petition for Order Striking and Releasing Lien, etc. (Government Employee) Effective Date: 2018-09-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CIV-160 Primary Download URL: https://www.courts.ca.gov/documents/civ160.pdf Form Detail Page: Petition for Order St…
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a lien or other encumbrance against the property. The lien or encumbrance is (describe): 7. Petitioner is entitled to relief because respondent filed a lawsuit or lien or other encumbrance against petitioner, knowing it is false, with the intent to harass petitioner or to hinder petitioner in discharging his or her …
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