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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I need to file an unlawful detainer stay of execution due to

Customer Question

I need to file an unlawful detainer stay of execution due to hardship, I live in Encino and I just received the notice to vacate from the sheriff
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: Yes but he helped with the stipulation but is too busy to assist with my current issue
JA: What advice did they give you?
Customer: None, too busy to take my call so I did research on my own
JA: Anything else you think the lawyer should know?
Customer: Is there a particular form I should file and where can I get it?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you with your question today.

I am sorry to learn of this situation and your impending eviction.

Please understand, that evictions are very rarely stayed (at this point in the process), and if the court were to issue a stay, the stay will likely be for a very brief period of time (usually no more than 1-2 weeks). The standard you must prove is extreme hardship (something like someone in the home is facing a medical problem that is acute in nature (just came up) that is extreme (pending death or disability), or some similar critical type issue).

I do however have a form that you can use (along with instructions), it is published specifically for Stanislaus County, but it is the best packet I can provide for California Courts (there is no judicial council form for all of California). So you will need to modify this for your court, and contact your court for the ex-parte hearing calendar (there will be a department that hears ex-partes every day of the week).

Here is the packet, including forms:

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