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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101078
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I am about to be evicted anytime now but I want to plead

Customer Question

Hi
I am about to be evicted anytime now but I want to plead my case for motion to put aside judgement of possession based on mistake or inadvertance, fraud or misrepresenation. I contacted court and they gave me date with judge but they said I cannot do exparte. What do I need to file now with courts to get my case heard and stay our exeuction before time is up?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Can you please tell me:
1) What state this is in?
2) IS THERE already a judgment for eviction?
3) If so, WHEN (what date) was this ordered?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
CA
yes
Eviction Date was June 12th but sheriff has not come yet.
Expert:  Ely replied 1 year ago.
Thank you.
SIMPLY GETTING A FEW MORE DAYS
A tenant who loses an unlawful detainer lawsuit may appeal the judgment if the tenant believes that the judge mistakenly decided a legal issue in the case. However, the tenant will have to move before the appeal is heard, unless the tenant obtains a stay of enforcement of the judgment or relief from forfeiture. The court will not grant the tenant's request for a stay of enforcement unless the court finds that the tenant or the tenant's family will suffer extreme hardship, and that the landlord will not suffer irreparable harm. If the court grants the request for a stay of enforcement, it will order the tenant to make rent payments to the court in the amount ordered by the court and may impose additional conditions.
See here for more, and, here.
APPEAL
An appeal of the judgment itself, see here. One can file a Motion for Stay while the appeal is pending, asking the Court to disallow eviction while the appeal is being considered.
Counsel is HIGHLY recommended here. Good luck.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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