Amador — Ex Parte Application for Stay of Execution of Judgment

Source: https://amador.courts.ca.gov/system/files/civ-133-ex-parte-application-stay-execution-judgment.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) FOR COURT USE ONLY

TELEPHONE NO.: EMAIL: ATTORNEY FOR (NAME):

AMADOR COUNTY SUPERIOR COURT 500 ARGONAUT LANE JACKSON, CA 95642 (209) 257-2603

PLAINTIFF:

DEFENDANT:

EX PARTE APPLICATION FOR STAY CASE NUMBER:
OF EXECUTION OF JUDGMENT

Defendant(s) respectfully requests ________ days stay of execution of judgment (i.e., from _____________

___________________to ______________________, 20 through ____________________, 20)

pursuant to Code of Civil Procedure Section 918.

It is necessary to make this application ex parte because the Amador County Sheriff’s Office has notified

me that I am scheduled to be evicted on ___________________________, 20. I do not have sufficient

time to bring a regularly scheduled noticed motion. I will suffer irreparable harm if this eviction takes place

because I have no place to live.

Please consider the following Declaration in support of this application.

Declaration of Defendant(s)

1. I have personal knowledge of the facts stated below and could and would competently testify to those

facts, except for those facts stated on information and belief and as to those facts I believe them to be true.

2. My rent is $___________ per month. The alleged/estimated fair rental value is $__________ per day.

3. I can deposit $____________ with the clerk of the court to pay for the duration of the stay, so the

plaintiff will not be prejudiced if this stay is granted.

EX PARTE APPLICATION FOR STAY Approved for mandatory use www.amadorcourt.org

[New-03/29/2016] OF EXECUTION OF JUDGMENT CIV-133

CASE NAME: CASE NUMBER

4. I have have not previously sought a stay.

5. Hardship to Defendant: Family/Medical circumstances (Physical and/or mental disabilities):

______ children live with me. Their ages are

6. Attempts to find new housing:

EX PARTE APPLICATION FOR STAY Approved for mandatory use www.amadorcourt.org

[New-03/29/2016] OF EXECUTION OF JUDGMENT CIV-133

CASE NAME: CASE NUMBER

7. Pending Motions / Legal Challenges to the Judgment

8. Tenant’s History / Other

I declare under penalty of perjury that the foregoing is true and correct.

Executed on ____________________, 20 at ____________________________, California.

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Declarant (print name) Declarant (signature)

EX PARTE APPLICATION FOR STAY Approved for mandatory use www.amadorcourt.org

[New-03/29/2016] OF EXECUTION OF JUDGMENT CIV-133

CASE NAME: CASE NUMBER

DECLARATION REGARDING NOTICE OF EX PARTE APPLICATION

I, the undersigned, declare that:

On ________________________, 20, at approximately ________________ a.m. p.m.,

I informed the Plaintiff Plaintiff’s attorney by:

Placing a telephone call to the Plaintiff’s attorney

Leaving a telephone message with Plaintiff’s attorney’s assistant.

Leaving a telephone message on Plaintiff’s attorney’s voice mail.

Placing a telephone call to the Plaintiff’s landlord.

Leaving a telephone message on Plaintiff landlord’s voice mail.

Leaving a telephone message with Plaintiff’s landlord’s assistant.

Other notice __________________________________________________________________

I declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed at

__________________________________, California, on ___________________, 20

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DECLARANT (print name) DECLARANT (signature)

EX PARTE APPLICATION FOR STAY Approved for mandatory use www.amadorcourt.org

[New-03/29/2016] OF EXECUTION OF JUDGMENT CIV-133