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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR STAY OF
13 vs. ) EXECUTION; MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF __________
14 Any Defendant, and DOES 1-5 )
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
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1 TO PLAINTIFF:_________________________________ AND THEIR ATTORNEYS OF
2 RECORD:
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PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
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the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
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Defendant _____________________, will and does move the Court by ex-parte application for an

7 Order pursuant to Code of Civil Procedure 918 staying the execution of the judgment entered on

8 ________________ on the grounds that execution may be stayed because of the irreparable injury
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that defendant would suffer if the judgment were to be executed at this time in that LIST HERE
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THE SPECIFIC FACTS AND EVIDENCE SUPPORTING YOUR CLAIM THAT YOU WILL
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SUFFER IRREPERABLE INJURY SUCH AS THE JUDGMENT WAS OBTAINED BY
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13 DEFAULT AND YOU HAVE FILED OR WILL FILE A MOTION TO VACATE THE

14 DEFAULT, ENFORCEMENT OF THE JUDGMENT WILL CAUSE THE SALE OF A KEY


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ASSET OF SIGNIFICANT VALUE, WILL DESTROY YOUR BUSINESS AS A GOING
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CONCERN OR WILL PRECIPITATE INSOLVENCY OR BANKRUPTCY, ETC.
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This ex-parte application will be based upon this Notice, the Memorandum of Points and
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19 Authorities in support thereof, the files and records of this case, the declaration of _____________,

20 and such other and further oral and documentary evidence as may be presented at the hearing.
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22 Dated: ________________ __________________________________________


ANY ATTORNEY OR PARTY
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NOTE THAT THE COURT CAN ONLY GRANT A STAY FOR 10 DAYS AFTER THE
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DEADLINE FOR APPEALING A JUDGMENT UNDER CODE OF CIVIL PROCEDURE
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918(b). THE DEADLINE FOR APPEALING A LIMITED CIVIL JUDGMENT IS 30 DAYS
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28 AFTER THE CLERK OR ANY PARTY SERVES A DOCUMENT TITLED NOTICE OF

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1 ENTRY OF JUDGMENT UNDER CALIFORNIA RULE OF COURT 8.822(a) and (b), IF
2 NO NOTICE IS SERVED THE DEADLINE TO APPEAL IS 90 DAYS FROM THE DATE OF
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ENTRY OF JUDGMENT UNDER CALIFORNIA RULE OF COURT 8.822(c).
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THE DEADLINE FOR APPEALING AN UNLIMITED CIVIL JUDGMENT IS 60
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DAYS AFTER THE CLERK OR ANY PARTY SERVES A DOCUMENT TITLED NOTICE

7 OF ENTRY OF JUDGMENT UNDER CALIFORNIA RULE OF COURT 8.104(a) and (b), IF

8 NO NOTICE IS SERVED THE DEADLINE IS 180 DAYS FROM THE DATE OF ENTRY OF
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JUDGMENT UNDER CALIFORNIA RULE OF COURT 8.104(c).
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MEMORANDUM OF POINTS AND AUTHORITIES
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1 I.
2 STATEMENT OF FACTS
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This case involves __________________________________________. Judgment was
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entered on _________.
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Defendant is requesting ex-parte relief for an order staying the execution of the judgment

7 pursuant to Code of Civil Procedure 918 on the grounds that they would suffer irreparable injury if

8 the judgment were to be executed at this time in that


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application-for-stay-of-execution-of-judgment-in-california
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