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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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19 TO PLAINTIFF:_________________________________ AND THEIR ATTORNEYS OF


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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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24 defendant _____________________, will and does move the Court by ex-parte application for an

25 order staying the execution of the judgment entered on LIST DATE JUDGMENT ENTERED, on
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the grounds that execution may be stayed because of the hardship that defendant would suffer if the
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1 judgment were to be executed at this time in that defendant would suffer great and irreparable injury
2 if execution of the judgment is not stayed on an ex-parte basis.
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This ex-parte application will be based upon this Notice, the memorandum of points and
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authorities in support thereof, the files and records of this case, the declaration of _____________,
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and such other and further oral and documentary evidence as may be presented at the hearing.

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Dated: ________________ __________________________________________
8 ANY ATTORNEY OR PARTY
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Be sure to modify this document to suit the facts of your
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11 particular situation. Do NOT just use the wording here unless it


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definitely applies to your situation. Remember that you should obtain a
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Cashiers Check or Money Order made payable to either Plaintiff or
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16 the Clerk of the Court in an amount that covers the rent for the
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number of days that you are requesting and bring that with you to the
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19 hearing.
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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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This case involves PROVIDE A BRIEF DESCRIPTION OF CASE INCLUDING THE
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ADDRESS OF THE PREMISES WHERE YOU ARE CURRENTLY LOCATED. Judgment was

7 entered on LIST DATE JUDGMENT ENTERED.

8 Defendant is requesting ex-parte relief for an order staying the execution of the judgment on
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the grounds that they would suffer great hardship if the judgment were to be executed at this time in
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that LIST HERE IN DETAIL THE FACTS THAT SUPPORT YOUR CLAIM OF GREAT
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HARDSHIP. Defendant is ready and able to pay rent as it falls due for the period during which
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13 execution is stayed and has purchased a Cashiers Check or Money Order in the amount of $LIST

14 AMOUNT HERE payable to the Clerk of the Court or Plaintiff to pay for the rent for a period of
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LIST NUMBER HERE days.
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II.
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LEGAL ARGUMENT
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19 A. DEFENDANT WILL SUFFER GREAT HARDSHIP AND SUFFER

20 IRRPERABLE INJURY IF THIS COURT DOES NOT GRANT THEIR EX-PARTE


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APPLICATION FOR A STAY OF EXECUTION
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Defendant has no choice but to seek a stay of execution due to the fact that LIST HERE
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THE DETAILS OF YOUR SITUATION THAT SUPPORT YOUR REQUEST FOR AN EX-
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25 PARTE STAY OF EXECUTION.

26 Be sure to include all of the details on the hardship that you will
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28 face if the Court does not stay execution of the Judgment.

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1 B. THIS COURT HAS THE POWER TO STAY THE ENFORCMENT OF THE
2 JUDGMENT ENTERED IN THIS CASE
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Code of Civil Procedure 918 states that, (a) Subject to subdivision (b), the trial court may
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stay the enforcement of any judgment or order. (b) If the enforcement of the judgment or order would
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be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without

7 the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period

8 which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.
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(c) This section applies whether or not an appeal will be taken from the judgment or order and
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whether or not a notice of appeal has been filed.
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12 To purchase the entire 11 page document visit:


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https://legaldocspro.myshopify.com/products/sample-ex-parte-
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