This sample ex-parte application for stay of execution of a California eviction judgment is used by a defendant who is claiming that they will suffer extreme hardship if the eviction judgment is immediately executed and they are locked out. This sample document is made pursuant to California Code of Civil Procedure section 918. The 11 page sample on which this preview is based includes a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, sample declarations, and a proposed order.

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Any Defendant
Any Street
Any Town, CA 55555
714-555-5555
Defendant, In Pro Per
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF EX-PARTE APPLICATION AND EX-
PARTE APPLICATION FOR STAY OF
EXECUTION; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF __________
DATE:
TIME:
DEPT:
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using this document.
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http://www.scribd.com/doc/59326629/Sample-Ex-Parte-Application-
for-Stay-of-Execution-in-California
TO PLAINTIFF:_________________________________ AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
Defendant _____________________, will and does move the Court by ex-parte application for an
Order staying the execution of the judgment entered on____________, on the grounds that execution
may be stayed because of the hardship that defendant would suffer if the judgment were to be
executed at this time.
This ex-parte application will be based upon this Notice, the Memorandum of Points and
Authorities in support thereof, the files and records of this case, the declaration of _____________,
and such other and further oral and documentary evidence as may be presented at the hearing.
Dated: ________________ __________________________________________
ANY PARTY
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case involves __________________________________________. Judgment was
entered on _________.
Defendant is requesting ex-parte relief for an order staying the execution of the judgment on
the grounds that they would suffer great hardship if the judgment were to be executed at this time in
that _______________________. Defendant is ready and able to pay rent as it falls due for the period
during which execution is stayed.
II.
LEGAL ARGUMENT
A. DEFENDANT WILL SUFFER GREAT HARDSHHIP IF
THIS COURT DOES NOT GRANT THEIR EX-PARTE APPLICATION FOR
A STAY OF EXECUTION
Defendant has no choice but to seek a stay of execution due to the fact that
______________________________.
Be sure to include all of the details on the hardship that you will
face if the Court does not stay execution of the Judgment.
B. THIS COURT HAS THE POWER TO STAY THE ENFORCMENT OF THE
JUDGMENT ENTERED IN THIS CASE
Code of Civil Procedure § 918 states that, (a) Subject to subdivision (b), the trial court may
stay the enforcement of any judgment or order. (b) If the enforcement of the judgment or order would
be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without
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the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period
which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.
(c) This section applies whether or not an appeal will be taken from the judgment or order and
whether or not a notice of appeal has been filed.”
C. DEFENDANT IS READY AND ABLE TO PAY RENT AS IT FALLS DUE FOR THE
PERIOD DURING WHICH EXECUTION IS STAYED
As shown by the declaration of ____________, they are ready and able to pay rent as it falls
due for the period during which execution is stayed. Defendant is asking that execution be stayed for
a period of _________ days. Plaintiff will not suffer any damages resulting from the stay of
execution.
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