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2 Gary Saunders, Esq.


3 SBN:144385
4 1891 California Avenue Suite 102
5 Corona, CA 92881
6 951-272-9114 (phone)
7 951-270-5250 (fax)
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9 Attorney For Defendant


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13 SUPERIOR COURT OF THE STATE OF CALIFORNIA


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15 FOR THE COUNTY OF __COUNTY__


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__plaintiff__, _ CASE NUMBER: __case__
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_
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Plaintiff, MEMORANDUM OF POINTS AND
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AUTHORITIES RELATIVE TO
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v. APPLICATION FOR STAY OF
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EXECUTION OF JUDGMENT AND
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__full_name__, et al., IN SUPPORT OF MOTION FOR STAY OF
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EXECUTION OF JUDGMENT
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Defendants.
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(California Code of Civil Procedure 918)
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POINTS AND AUTHORITIES RELATIVE TO APPLICATION


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3 Date: __hearing_date__
4 Time: __hearing_time__
5 Dept: __dept__
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Defendant __full_name__ submits the following Memorandum of Points and Authorities
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Relative to Application for Stay of Execution of Judgment and in Support of Motion for Stay of
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Execution of Judgment.
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/ / /
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/ / /
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/ / /
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POINTS AND AUTHORITIES RELATIVE TO APPLICATION


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MEMORANDUM OF POINTS AND AUTHORITIES
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3 A court may stay the execution of a judgment or order. Code of Civil Procedure 918(a).

4 Judgment may be stayed without the consent of the adverse party for a period of up to 40 days.
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Code of Civil Procedure 918(b). This 40 day period is derived from the provision that the court may
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stay execution for a period which extends for 10 days beyond the last date on which a notice of appeal
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could be filed. The last date on which a notice of appeal can be filed from superior court unlawful

9 detainer judgment is 30 days after the notice of entry of judgment is mailed by the clerk or opposing
10 party, or 90 days after the entry of judgment, whichever is earlier. California Rules of Court Rule
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122(a). This applies whether or not a notice of appeal has been filed. Code of Civil Procedure 918(c).
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In Industrial Indemnity v. Levine (1975) 49 Cal. App.3d 698, 700, 122 Cal Rptr. 712, the court
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14 remarked, A stay of execution granted under Code of Civil Procedure Section 681(a) [now Code of

15 Civil Procedure Section 918(a)] is used to allow the judgment debtor time to gather his resources so
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that the judgment may be satisfied without unnecessary hardship.
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In Medford v. Superior Court (1983) 140 Cal. App.3d 236, 240, 189 Cal. Rptr. 227, 230, the
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court stated that a stay of execution may be conditioned on the tenants payment of rent accruing during
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20 the period of the stay, but not on payment of back rent.

21 Defendant is ready and able to pay rent as it falls due for the period during which execution is
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stayed. See Declaration In Support of Ex Parte Motion. Defendant currently pays rentamount per
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rentperiod for rent of the premises and can pay that amount to Defendant immediately. Id. Plaintiff
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will not suffer any damages resulting from the stay of execution, as the premise has not been set for

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POINTS AND AUTHORITIES RELATIVE TO APPLICATION


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occupancy by any other tenant at this time. Plaintiff does not intend to occupy the premises, and will
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3 be receiving rental value from the defendant while the stay is in place.

4 Code of Civil Procedure 1176(a) states in pertinent part that, Stay of judgment shall be
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granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay
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and that the nonmoving party will not be irreparably injured by its issuance. Special circumstances
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such as hardship, which exist in this case, should be considered in granting a temporary stay of

9 execution in an unlawful detainer case. Kaiser v. Hankcock, (1914) 25 Cal.App. 323, 328.
10 In the present matter despite diligent search Defendant has not been able to find suitable
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housing, and Defendant has no friends or relatives in the area to otherwise stay with and forcing
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Defendant from the rental unit will cause Defendant severe hardship both personally and financially.
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14 See Declaration In Support of Ex Parte Motion.

15 For these reasons Defendant asks the Court to stay execution of judgment in this case until
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stayuntildate.
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DATED: printdate

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_____________________________

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Gary Saunders, Esq.

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Attorney For Defendant

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POINTS AND AUTHORITIES RELATIVE TO APPLICATION


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DECLARATION IN SUPPORT OF EX PARTE MOTION
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3 I, __full_name__, declare:

4 I am the defendant in the above-referenced matter and this declaration is in support of my


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application for stay of execution of the judgment entered on aadate.
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I have lived at the subject premises for livedheresince. I have diligently searched for alternative
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housing and as of this date have found none. I do not have friends or relatives in the area with whom I

9 can stay while I continue my search for alternate housing.


10 The Writ was posted by the sheriff on or about sheriffposteddate and requires leaving the
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premises by vacatedate. Since I have not found other housing as yet and do not have friends or relatives
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with whom I can reside, I will have no place to go if I am evicted. I need additional time to relocate
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14 and make arrangements to move my personal property.

15 I currently have sufficient funds to pay the full amount for rent of the property for the next
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month and can pay that immediately. I currently pay rentamount per rentperiod for rent or the
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premises.
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I do not have the resources to find immediate temporary housing and it would be a severe
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20 hardship to be evicted because hardshipbecause. In order to avoid irreparable harm to me and to allow

21 additional time to relocate, I request that the judgment entered in this case be stayed until at least
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stayuntildate.
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I declare under penalty of perjury of the laws of the State of California that the foregoing is true
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and correct.

26 DATED: __print_date__
__full_name__
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