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Celadia Contreras
7915 Eastern Avenue
Bell Gardens, CA 90201
Attorney: In Pro Per
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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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Defendant
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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
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
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
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Immediate lockout will be a hardship on me. I am willing to pay to stay in my home with a bankruptcy
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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-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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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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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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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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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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-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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_________________________
Jorge Martinez
Attorney In Pro Per
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APPLICATION FOR EX PARTE ORDER
Jorge Martinez
616 Armstead St
Glendora, CA 91740
TEL: 562-209-9459
Attorney: In Pro Per
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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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-1_____________________________________________________________
MOTION TO STAY EXECUTION
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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_______________________________
Jorge Martinez
Attorney In Pro Per
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MOTION TO STAY EXECUTION
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
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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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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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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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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-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
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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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 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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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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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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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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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
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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