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Celadia Contreras
7915 Eastern Avenue
Bell Gardens, CA 90201
Attorney: In Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

SOUTHEAST DISTRICT-HUNTINGTON PARK

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Plaintiff,
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vs.
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ARMANDO DOE, CELADIA CONTRERAS, and )
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DOES 1 to 10,
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R.C. TEMME CORPORATION ,

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Case No.: 12U00921


APPLICATION FOR EX PARTE ORDER
STAYING EXECUTION AND FOR ORDER
SHORTENNING TIME FOR THE SERVICE OF
MOTION FOR STAY OF EXECUTION (CCP
918); POINTS AND AUTHORITIES;
DECLARATION OF DEFENDANT
DATE:
TIME:
DEPT:

October 18, 2012

Defendant

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NOTICE TO PLAINTIFF AND PLAINTIFFS ATTORNEY OF RECORD:

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Please take notice that on the above-schedule date and time, or as soon thereafter as the matter

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may be heard, in the department above of the Huntington Park Courthouse, located at 6548 Miles Avenue,

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Huntington Park, CA 90255, I, Defendant, Celadia Contreras, hereby moves this court for an Ex Parte

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order shortening time for the service of underlying motion filed herewith and staying execution of the

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judgment rendered herein and restraining the levying officer from evicting the applicant pursuant to a

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Writ of Execution: Possession of Real Property in this case until such time as a hearing is held on said

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motion.

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-1_____________________________________________
APPLICATION FOR EX PARTE ORDER

R.C. Temme Corp. v. Contreras 12U00920

The underlying motion is being brought on the grounds that this court can grant a general

discretionary stay pursuant to California Code of Procedure 918, and for the reason that the defendant is

unable to vacate by the date on the Notice to Vacate and will be rendered homeless absent a stay on the

execution of this judgment for possession of real property.

This application is based upon supporting declarations, Code of Civil Procedure 128, Code of Civil

Procedure 1005, Code of Civil Procedure 918, and upon all papers, pleadings, and exhibits on file in

this action.

Dated:
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_______________________________
Celadia Contreras
In Pro Per

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-2_____________________________________________________________
APPLICATION FOR EX PARTE ORDER

R.C. Temme Corp. v. Contreras 12U00920

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MEMORANDUM OF POINTS AND AUTHORITIES


I.
STATEMENT OF FACTS
The instant Unlawful Detainer came before the Honorable Jaime R. Corral, Judge of the Superior
Court, in Department 002 of the Huntington Park Courthouse on March 5, 2009. I, the Defendant, Celaida
Contreras is the tenant of the premises at issue. The premises were recently sold as a result of a
foreclosure. After we received Summons and complaint on case # 12U00920 we filed answers and
demurrers, plaintiff never sent second case. Since property is only a single family dwelling we never
knew 2nd case was also filed, case#12U00921. Notice to vacate was given to us around 10/05/2012.
Defendant Celaida Contreras was forced to file for bankruptcy to stop sheriff. Bankruptcy case # 2:12-bk44696-WB to Judge Julia W. Brand. The Defendant petitions this court for a stay of enforcement until 1 st
case is settle or disposed, and/or Bankruptcy petition is discharged, dismissed and/or plaintiff after a
hearing and order reliefs the property from the stay.
Defendant had live in the subject premises located 7915 Eastern Ave, Bell, CA 90202, since June
2006. I have been responsible for paying all the utilities for the premises including electricity, gas and
water. I reside in the home 3 other tenants. Plaintiff obtained the home pursuant to a Deed of Trust after a
foreclosure on March 12, 2012. The instant action for unlawful detainer was premised upon a 3-day/60day notice to quit. Since learning of the foreclosure and the judgment against me I have taken every step
possible to secure alternate permanent housing for me and my family but have been unable to find any
place where I and my family could move in immediately. I work as a part time Babysitter and make only
$400 per month. Because of my low-income, I was granted a fee-waiver by this Court. I had looked at
and applied for several units, but because of my credit, landlords have been requesting escalated security
deposits of up to $4800 dollars to move in. I had located one unit that I may qualify for, but I need time to
collect the funds necessary to put down a deposit. Furthermore, I do not have family or friends in the area
that can accommodate my family staying with them. I asks for a temporary stay of execution because an
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APPLICATION FOR EX PARTE ORDER

R.C. Temme Corp. v. Contreras 12U00920

Immediate lockout will be a hardship on me. I am willing to pay to stay in my home with a bankruptcy

repayment plan to avoid end up at a homeless shelter.

Wielding the Courts power to issue a temporary stay of execution on the judgment and writ will

Enormously benefit me. The Los Angeles County Sheriffs Department has Vacate, the unit on the back

that refers to a bathroom and kitchen. If I am locked out of my bath and kitchen, I and my family will

have nowhere to go. Extra time means an opportunity to find housing appropriate for my large family, and

would lessen the overall trauma caused by the foreclosure upon their home.

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II.
THE COURT HAS THE STATUTORY AND INHERENT
DUTY AND POWER TO GRANT AN EX PARTE ORDER
13 SHORTENING TIME FOR SERVICE OF A MOTION
UNTIL SAID MOTION CAN BE HEARD
Courts of general jurisdiction have a statutory as well as inherent duty and power to control

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their own processes and orders to as to make them conform to justice, including the granting of a stay

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of execution in a proper case. Code of Civil Procedure 128 states: (a) Every court shall have power; (8)

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to amend and control its process and orders so as to make them conform to law and justice. In California

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Cotton Credit Corporation v. Superior Court (1932), 127 Cal.App. 472, 475, the court stated that Courts

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of general jurisdiction have inherent discretionary power to grant a stay of execution in a proper case. in

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commenting on the breadth of C.C.P. 128(8), the court in Neary v. The Regents of the

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University of California (1992), 3 Cal.App.4th 273, stated that this provision is consistent with and

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codifies the courts tradition and inherent judicial power to do whatever is necessary and

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appropriate. . . to ensure the prompt, fair and orderly administration of justice. Id. at 277. Another

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case involving a mandamus and declaratory and injunctive relief proceeding, the court in Board of

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Supervisors v. Superior Court (1994) 23 Cal.App.4th 830, stated:

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-4_____________________________________________________________
APPLICATION FOR EX PARTE ORDER
Bank of New York v. Martinez 08U02544

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Courts of this state have a broad inherent power to control, supervise, and administer
matters before them. Although this power is partially codified in Code of Civil Procedure
128, it is not limited by the statute and derives from the state Constitution, as based
upon the historic power of the courts. Courts are thus authorized to fashion new remedial
procedures when it is advisable to do so, in order to . . . protect the rights of the parties.
Cottle v. Superior Court (1992) 3 Cal.App.4th 1367. Id. at 847-848.
The judge may prescribe a shorter time for notice of motion pursuant to Code of Civil Procedure 1005.
Therefore, courts have the broad ability to issue orders to protect the rights of the parties, including
granting a stay of execution and an order shortening time for service of a motion.

III.

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THE COURT HAS THE STATUTORY POWER TO GRANT


A DISCRETIONARY STAY OF ANY JUDGMENT OR ORDER

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A court may grant a discretionary stay without a showing of grounds. Code of Civil Procedure

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918(a) states, Subject to subdivision (b), the trial court may stay the enforcement of any judgment

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or order. For an unlawful detainer, Subdivision (b) allows for stays of an additional 10 days beyond

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the 60-day deadline to file an appeal:

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If the enforcement of the judgment or order would be on appeal only by the

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giving of an undertaking, a trial court shall not have power, without the consent

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

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period which extends for more than 10 days beyond the last date on which a

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notice of appeal could be filed.

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Furthermore, under California Rule of Court 8.75 1(a), ... a notice of appeal shall be filed on or before

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the earliest of the following dates: (1) 60 days after the date of mailing by the clerk of the court of a

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document entitled notice of entry of judgment or appealable order. In the instant action, the notice was

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mailed on Tuesday, March 06, 2009. Thus, under C.C.P. 918, the Court can grant a discretionary stay up

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until May 15, 2009.

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If the court does require an undertaking, the amount is to be the per diem rent during the period

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of the stay, not the payment of the back-due rent as awarded in the judgment. Medford v. Superior Court

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(1983) 140 Cal.App.3d 240, 189 Cal.Rptr. 227, 230 (dictum).

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-5_____________________________________________________________
APPLICATION FOR EX PARTE ORDER
Bank of New York v. Martinez 08U02544

IV.

CONCLUSION

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Defendant respectively asks that the Court grant an order to stay the enforcement of judgment
until May 15, 20009. I had been diligently searching for alternate housing without success. Without this
discretionary stay, I and my family will end up at a homeless shelter. I am willing and able to compensate
Plaintiff for this additional time. For the foregoing reasons, at the ex parte hearing we request that the
court grant an order shortening time for service of the underlying motion and a stay of execution until
said motion can be heard. At the hearing on the underlying motion we request that the court issue a
discretionary stay of execution.

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Dated: April 9, 2009

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_________________________
Jorge Martinez
Attorney In Pro Per

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-6_____________________________________________________________
APPLICATION FOR EX PARTE ORDER

Bank of New York v. Martinez 08U02544


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Jorge Martinez
616 Armstead St
Glendora, CA 91740
TEL: 562-209-9459
Attorney: In Pro Per

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SUPERIOR COURT OF THE STATE OF CALIFORNIA


FOR THE COUNTY OF LOS ANGELES

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EAST DISTRICT- WEST COVINA COURTHOUSE

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BANK OF NEW YORK AS TRUSTEE FOR THE )


CERTIFICATEHOLDERS CWABS, INC. ASSET- )
BACKED CERTIFICATES, SERIES 2005-4,
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Plaintiff,
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vs.
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JORGE MARTINEZ et al,
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Defendant
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Case No.: 08U02544


NOTICE OF MOTION FOR STAY OF
EXECUTION (CCP 918); POINT AND
AUTHORITITIESS; DECLARATION OF
DEFENDANT
DATE:
TIME:
DEPT:

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NOTICE TO PLAINTIFF AND PLAINTIFFS ATTORNEY OF RECORD:


Please take notice that that on the above-scheduled date and time, or as soon thereafter as the
matter may be heard, in the department above of the West Covina Courthouse, located at 1427 West
Covina Parkway, West Covina, CA 91790, I, Defendant, Jorge Martinez, hereby moves this court for an
order staying execution of the judgment rendered herein and restraining the levying officer from evicting

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the applicant pursuant to a Writ of Execution: Possession of Real Property in this case until such time as a
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hearing is held on said motion.


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-1_____________________________________________________________
MOTION TO STAY EXECUTION

Bank of New York v. Martinez 08U02544


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This motion is being brought on the grounds that this court can grant a general discretionary stay

pursuant to California Code of Procedure 918, and for the reason that the defendant is unable to vacate

by the date on the Notice to Vacate and will be rendered homeless absent a stay on the execution of this

judgment for possession of real property. This application is based upon supporting declarations, Code of

Civil Procedure Section 918, and upon all papers, pleadings, and exhibits on file in this action.

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Dated: April 9, 2009

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_______________________________
Jorge Martinez
Attorney In Pro Per

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-2_____________________________________________________________
MOTION TO STAY EXECUTION

Bank of New York v. Martinez 08U02544


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MEMORANDUM OF POINTS AND AUTHORITIES

I.

STATEMENT OF FACTS

The instant Unlawful Detainer came before the Honorable Charles C. Lee, Judge of the Superior

Court, in Department 2 of the West Covina Courthouse on March 5, 2009. I, Defendant, Jorge Martinez

was the former owner of the premises at issue. The premises were recently sold as a result of a

foreclosure. After a bench trial, judgment was entered for the plaintiff, Bank of New York, and I,

Defendant, Jorge Martinez. Notice of judgment was mailed out on March 06, 2009. Defendant petitions

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this court for a stay of enforcement until May 15, 2009, which is the tenth day beyond the last date on

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which a notice of appeal could be filed for the instant Unlawful Detainer. I am willing and able to

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compensate Plaintiff for the discretionary stay the court may grant.

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I had live in the subject premises located 616 Armstead St, Glendora, CA 91740, since June 2005. I

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have been responsible for paying all the utilities for the premises including electricity, gas and water. I

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reside in the home with my wife, mother in law, and my children, ages 4 and 2 years. Plaintiff obtained

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the home pursuant to a Deed of Trust after a foreclosure on October 09, 2008. The instant action for

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unlawful detainer was premised upon a 3-day/60-day notice to quit. Since learning of the foreclosure and

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the judgment against me I have taken every step possible to secure alternate permanent housing for me

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and my family but have been unable to find any place where I and my family could move in immediately.

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I work as a part time real estate assistant and make only $662 per month, and the total monthly income for

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my household of five people is $2262. Because of my low-income, I was granted a fee-waiver by this

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Court. I had looked at and applied for several units, but because of my credit and the size of my family,

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landlords have been requesting escalated security deposits of up to $4800 dollars to move in. My children

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are currently enrolled in schools in the area and I am trying to avoid transferring them to other districts

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mid-term. I had located one unit that I may qualify for, but I need time to collect the funds necessary to

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put down a deposit. Furthermore, I do not have family or friends in the area that can accommodate my

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family staying with them. I asks for a temporary stay of execution because an Immediate lockout will be a

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-3_____________________________________________________________
MOTION TO STAY EXECUTION

Bank of New York v. Martinez 08U02544


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hardship on me and my family. I am willing to pay to stay in my home for a few more days in order to
avoid having my family end up at a homeless shelter.

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Wielding the Courts power to issue a temporary stay of execution on the judgment will
6 enormously benefit me and my family. The Los Angeles County Sheriffs Department has posted a
Notice to Vacate, but said posting may take place again as soon as April 13, 2009. If I am locked out of
my home, I and my family will have nowhere to go. Extra time means an opportunity to find housing
appropriate for my large family, and would lessen the overall trauma caused by the foreclosure upon their
home.

II.

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THE COURT HAS THE STATUTORY POWER TO GRANT


A DISCRETIONARY STAY OF ANY JUDGMENT OR ORDER
A court may grant a discretionary stay without a showing of grounds. Code of Civil Procedure

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918(a) states, Subject to subdivision (b), the trial court may stay the enforcement of any judgment

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or order. For an unlawful detainer, Subdivision (b) allows for stays of an additional 10 days beyond

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the 30-day deadline to file an appeal:

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If the enforcement of the judgment or order would be on appeal only by the

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giving of an undertaking, a trial court shall not have power, without the consent

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of the adverse party, to stay the enforcement thereof pursuant to this section for

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a period which extends for more than 10 days beyond the last date on which a

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notice of appeal could be filed.

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Furthermore, under California Rule of Court 8.75 1(a), ... a notice of appeal shall be filed on or before

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the earliest of the following dates: (1) 60 days after the date of mailing by the clerk of the court of a

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document entitled notice of entry of judgment or appealable order. In the instant action, the notice was

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mailed on Tuesday, March 06, 2009. Thus, under C.C.P. 918, the Court can grant a discretionary stay up

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until May 15, 2009.

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-4_____________________________________________________________
MOTION TO STAY EXECUTION
Bank of New York v. Martinez 08U02544

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If the court does require an undertaking, the amount is to be the per diem rent during the period

of the stay, not the payment of the back-due rent as awarded in the judgment. Medford v. Superior Court

(1983) 140 Cal.App.3d 240, 189 Cal.Rptr. 227, 230 (dictum).

III.

CONCLUSION

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Defendant respectively asks that the Court grant an order to stay the enforcement of judgment
until May 15, 20009. I had been diligently searching for alternate housing without success. Without this
discretionary stay, I and my family will end up at a homeless shelter. I am willing and able to compensate
Plaintiff for this additional time. For the foregoing reasons, at the ex parte hearing we request that the
court grant an order shortening time for service of the underlying motion and a stay of execution until
said motion can be heard. At the hearing on the underlying motion we request that the court issue a
discretionary stay of execution.

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Dated: April 9, 2009

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_________________________________
Jorge Martinez
Attorney In Pro Per

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MOTION TO STAY EXECUTION
Bank of New York v. Martinez 08U02544

DECLARATION OF DEFENDANT

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I, JORGE MARTINEZ, hereby declare under penalty of perjury.

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My name is Jorge Martinez..

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I am the defendant in the within action.

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I am over the age of 18. The statements in this declaration are true.

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I have lived in the subject premises located 616 Armstead St, Glendora, CA 91740, since

June 2005. I am responsible for paying all the utilities for the premises including

electricity, Trash, gas, water and maintenance. I live in the home with my wife, and two children, ages

2 and 4 years.

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5.

The instant action for unlawful detainer was premised upon a 3-day/60-day notice to quit.

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Plaintiff obtained the home pursuant to a Deed of Trust after a foreclosure on October 09, 2008.

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Since learning of the foreclosure and the judgment against me, I have taken every step

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possible to secure alternate permanent housing for me and my family but I have been

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unable to find an apartment where we could move in immediately.

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7.

I work as a part time real estate assistant and make only $662 per month, and the total monthly

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income for my family is $2262. I filed a fee waiver with this court because I could not

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afford to pay the court costs and it was approved.

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I have looked at and applied for several units, but because of my wifes and my own

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bad credit, and the size of my family, landlords have been requesting security deposits of

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up to $4800 dollars to move in.

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9.

My children are currently enrolled, and have been attending schools in the area for the past
Four and two years, and I am trying to avoid transferring them to another school mid-term.

10. I have found one apartment that I may qualify for, but I need time to collect the funds

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necessary to put down a deposit. Furthermore, I do not have family or friends in the area

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that can accommodate my large family.

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-6_____________________________________________________________
MOTION TO STAY EXECUTION
Bank of New York v. Martinez 08U02544

11. I am asking for a temporary stay of execution because an immediate lockout will be a hardship on me

and my family. I am willing to pay to stay in my home foe a few more days in order to avoid having my

family end up at a homeless shelter.

12. The Los Angeles County Sheriffs department has not yet posted a second Notice to Vacate, but said

posting is imminent. If I am locked out of my home, I will have no alternate housing. With the extra time

that I now ask the court for, me and my family will not be forced to scrambled, and will have the

opportunity to secure alternate housing. Extra time means an opportunity to find housing appropriate for

my large family, and would lessen the overall trauma caused by the foreclosure upon our home.

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct. Executed at Los Angeles, California on April 9, 2009.

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____________________________
JORGE MARTINEZ

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MOTION TO STAY EXECUTION
Bank of New York v. Martinez 08U02544

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