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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 help stopping a 24 hour eviction notice

Customer Question

I need help stopping a 24 hour eviction notice
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am sorry to learn of this situation.Unfortunately, when you have reached the point in the process when you have been served with a 24 hour notice, there is very little that can be done to stop the eviction from being carried out. If you do not vacate by the end of 24 hours, the sheriff will arrive (along with laborers hired by the landlord) to remove you from the property, and your belongings will be placed on the street curb.You can try making an "ex parte" motion to the court and stop the eviction at the courthouse - but unless you are able to get into the court before the eviction actually takes place, and then return with enough time to show the sheriff when they arrive to enforce the eviction (assuming the court actually grants the order - which rarely happens), you are going to be without any remedy, and will have wasted valuable hours that you could have used to more carefully move your belongings to a safe and protected place (such as a friend's home, or a storage facility).Grounds for an emergency stay would include a severe medical emergency or death of an immediate family member, but you are going to have to show something that occurred between the issuance of the judgment of possession and the actual eviction (the 24 hour notice) that would cause the court to grant you additional time in the home (this is why these motions are seldom, if ever, granted).