INSTRUCTIONS FOR PREPARING AN APPLICATION FOR TEMPORARY STAY OF EVICTION

After calling the landlord or landlords attorney (if the landlord is represented by an attorney), to inform him/her
where and when you will be filing your papers, go to the court clerk’s office that issued the Notice to Vacate and
Writ of Execution. Ask the clerk to file your papers and present them to the judge. In most cases, the judge will
base his/her decision on the information contained in the papers alone. Because you will not appear before the
judge, you must ask the clerk when and how you can find out the judge’s decision. You should follow-up with the
court the following day to confirm whether the stay was granted.

The initial filing fee is $225.00 for the first defendant and $225.00 for each additional defendant. If the stay is not
your first filing, then the filing fee is $60.00. If you previously filed a fee waiver, you will not need to file a new
one. If you have not filed a fee waiver in your case before and you qualify for a fee waiver, fill it out and submit
it along with your papers, and if your fee waiver is approved, you will not be charged the filing fees. THE FEE
WAIVER ONLY COVERS THE COURT FEES AND COSTS.

Note #1 Remember that whether or not a stay of execution is granted is entirely within the discretion of the
judge. The judge’s power to stay the eviction is generally limited to 40 days after the date of the judgment.
This means that if you ask for a stay of more than 40 days past the date of judgment your stay will be
denied. So. For example, if the eviction is not scheduled until 20 days after the judgment, the judge can only
stay the eviction for another 20 days.

Note#2 If your stay of execution is granted, the judge may order you to post payment for the amount of
time that the judge grants you. If the stay is granted on condition that you post payment and you do not,
your stay will not be granted. Said amount will be determine by the judge and should be paid in cash or
money order only, to the Clerk’s Office. After payment of the money to the clerk, a copy of the payment
receipt shall be provided to the Sheriff’s Department by you NO LATER THAN 5:00 P.M. THE DAY
PRIOR TO THE SCHEDULED LOCK-OUT. The fee waiver does not cover this amount.

Stockton Branch Manteca Branch Lodi Branch

180 E. Weber Ave. 315 E. Center St. 315 W. Elm St.
Stockton, CA 95202 Manteca, CA 95336 Lodi, CA 95240
(209) 992-5702 (209) 239-9188 (209) 992-5522
8:00a.m.- 5:00p.m. 8:00a.m. – 5:00p.m. 8:00a.m. – 5:00p.m.

ADDITIONAL OPTIONS: there are other things that you may also be able to do, depending upon whether or not
you filed an answer to the lawsuit or whether or not you went to your trial. Please note this is not an exhaustive
list. There may be other options available.

• An appeal • A motion for new trial • A motion to set aside a default judgement
• A petition for relief from forfeiture

Some of these have filing deadlines as short as 15 days from the date from the date that a Notice of Entry of
Judgment was mailed to you. Others have longer deadlines. You will need to consult a private attorney about
these. If you do not know a private attorney to call, you may call the Lawyer Referral Service at (209) 948-4620
to arrange for a consultation. You should be aware, however, that using any of the proceedings listed above will
not stop your eviction without an order from a judge staying the eviction.
 1 ______________________________
YOUR NAME
2 ______________________________
YOUR ADDRESS
3 ______________________________
4 CITY. STATE AND ZIP CODE
______________________________
5 YOUR PHONE NUMBER
6 In Pro Per Defendant
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
9 COPY FROM PAPERS SERVED ON YOU________________ BRANCH
10
11 COPY FROM PAPERS SERVED ON YOU
12 _____________________________________ ) Case No.: COPY FROM PAPERS SERVED
Plaintiff, )
13 ) ON YOU
)
14 vs. ) EX PARTE APPLICATION FOR
COPY FROM PAPERS SERVED ON YOU ) TEMPORARY STAY OF EXECUTION OF
15 _____________________________________ ) JUDGMENT
Defendant. )
16 )
17
18
Defendant, _(YOUR NAME)_____, hereby moves the court for an ex parte temporary order
19
staying execution of the judgment in the above-entitled matter, which was entered on (DATE OF
20
JUDGMENT)_______, 2020, for restitution and possession of the premises located at and commonly
21
known as (COMPLETE ADDRESS), (CITY) _, ______________, California.
22
This motion is made on the ground that a temporary stay of execution until (DATE YOU ARE
23
REQUESTING)_, 2020, is necessary to avoid irreparable harm to defendant. Defendant has been
24
unable to secure alternative housing.
25
This motion is made and based on this motion, on the declaration of defendant attached hereto,
26
on the attached memorandum of points and authorities, and on the records on file herein.
27
28 //

//
Application for Temporary Stay of Execution of Judgment - Page 1 of 2
 1
(PUT DATE HERE)
2 Date: ____________________, 2020
(SIGN YOUR NAME)
3 ___________________________
4 Signature

5 (PRINT YOUR NAME)

____________________________
6 Defendant [Print Name]
7
8 POINTS AND AUTHORITIES IN SUPPORT OF
9 APPLICATION FOR TEMPORARY STAY ORDER
10 1. The court, or any judge thereof, may stay the execution of any judgment. Code of Civil
11 Procedure § 918.
12 2. Code of Civil Procedure § 918 does not require a bond to stay execution of a judgment.
13 3. Special circumstances such as hardship, which exist in this case, should be considered in
14 granting a temporary of execution in an unlawful detainer case. Kaiser v. Hancock,
15 (1914) 25 Cal.App.323, 328; 143 P. 614.
16 4. A stay of execution granted under CCP § 918 is used to allow the judgment debtor time to
17 gather his or her resources so that the judgment may be satisfied without unnecessary
18 hardship. See Industrial Indemnity Co. v. Levine, (1975) 49 Cal.App.3d 698, 700; 122 Cal.
19 Rptr. 712.
20
21 Respectfully submitted,
22 (PUT DATE HERE) (SIGN YOUR NAME)

23
Date: _________________, 2020 _____________________
24
Signature
25 (PRINT YOUR NAME)
26
27 _____________________
Defendant [Print Name]
28

Application for Temporary Stay of Execution of Judgment - Page 2 of 2

 YOUR NAME
1
______________________________
2 Name
YOUR ADDRESS
3 ______________________________
4 Street
______________________________
5 City, State and Zip Code
YOUR PHONE NUMBER
6 ______________________________
7 Phone No.

8 In Pro Per Defendant

9
10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN

11 (COPY FROM PAPERS SERVED ON YOU) _________________ BRANCH

12
13 (COPY FROM PAPERS SERVED ON YOU)

14 _____________________________________ ) Case No.: (COPY FROM PAPERS SERVED

Plaintiff, )
15 ) ON YOU)
)
16 vs. ) DECLARATION IN SUPPORT
(COPY FROM PAPERS SERVED ON YOU) ) OF EX PARTE APPLICATION
17 _____________________________________ ) FOR TEMPORARY STAY OF
Defendant. ) EXECUTION OF JUDGMENT
18 )
19 I, (YOUR NAME)______, declare:
20 1. I am the defendant in the above-referenced matter, and this declaration in support of my
21 application for a stay of execution of the judgment entered on (DATE OF JUDGMENT)____,
22 2020, in the above unlawful detainer.
23 2. I have lived at the subject premises for (YEARS AND MONTHS)_. I have residing with me
24 (LIST ALL WHO LIVE WITH YOU. FOR EXAMPLE: “My three minor children.”)_. My
25 present source of income is (SOURCE OF INCOME)__________, and totals $ (AMOUNT)__
26 per month.
27 3. I have not had an opportunity to secure alternative housing as of this date. I do not have
28 friends or relatives in this area with whom I can stay while I continue my search for alternative
housing.
Declaration - Page 1 of 3
 1 4. The writ of possession was posted by the Sheriff on or about (DATE OF POSTING)__, 2020.
2 Since I have not found other housing as yet and do not have friends or relatives in the area to
3 reside with, I will have no place to go if I am evicted. I must have time to relocate and make
4 arrangements to move my personal property.
5 5. In order to avoid irreparable harm to me and to allow additional time to relocate, I request that
6 the judgment be stayed at least until (DATE YOU ARE REQUESTING)___, 2020.
7 6. Because I do not have the resources to find immediate temporary housing, it would be a severe
8 hardship to be evicted on the date indicated in the writ of possession, (DATE OF
9 EVICTION)__, 2020. The circumstances surrounding my need for a temporary stay of
10 execution judgment are as follows:
11
(EXPLAINT THE HARSHIP YOU WOULD SUFFER IF RFORCED TO MOVE OUT BY THE DATE OF EVICION)
12
13
14
15
16
17 (TELL THE JUDGE ABOUT YOUR DIFFICULT SITUATION AND WHY YOU ARE REQUESTING A

18 TEMPOARY STAY). (YOU MAY ALSO ATTACH OTHER DOCUMENTS SUCH AS A LETTER FROM A

19 DOCTOR OR ANYTHING ELSE THAT WOULD HELP YOUR REQUEST. IF YOU DO THIS, WRITE “SEE

20 ATTACHED DOCUMENT(S)”)

21
22
23
24
25
26
27
28

Declaration - Page 2 of 3
 1 7. For these reasons, I submit that in order to avoid extreme hardship, this Court should grant
2 a stay of execution until (DATE YOU ARE REQUESTING)___, 2020.
3 8. On (TODAY’S DATE)__, 2020, I telephoned plaintiff (or plaintiff’s attorney) to inform
4 plaintiff where and when I would be applying for a stay of execution. I also informed her/him
5 that I could not arrange for personal service of this motion, but that it would be sent by mail.
6 I declare under penalty of perjury under the laws of the State of California that the foregoing is
7 true and correct.
8 Executed on _(TODAY’S DATE)___, 2020 at (CITY)___, California.
9
10 (SIGN YOUR NAME) ____
Signature
11
12
_(PRINT YOUR NAME) ____
13 Defendant [Print Name]
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Declaration - Page 3 of 3
 NOTE: The person serving must NOT be a party to

this case

1
PROOF OF SERVICE
2 I, (THE NAME OF THE PERSON SERVING)_, declare:
3
That at the time of service I was at least 18 years of age and not a party to this action. My
4 business address is ______________________________________, ____________, CA, _____.

5
That on (DATE SERVICE WAS DONE) , I served the following documents:
6
(1) EX PARTE APPLICATION FOR TEMPORARY STAY OF EXECUTION
7 OF JUDGMENT
8
(2) DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR
9 TEMPORARY OF EXECUTION OF JUDGMENT
10 (3) ORDER FOR TEMPORARY STAY (PROPOSED)
11
[ ] By Transmitting via facsimile the document(s) listed above to the fax number(s) set forth below
12
Mark the
on this date before 5:00 p.m.
13
type of [ ] By personal delivery of the documents listed above to the address of the person set forth below.
14
service [ ] By mailing a copy of the documents listed above to the address of the person set for forth below
you will
15 and by placing the documents in a sealed envelope with the postage fully prepaid and depositing the
envelope in the United States mail.
16
be using
17 [ ] By emailing a copy of documents to the email below.

18 (INFO OF PERSON YOU WILL BE SERVING IS LOCATED ON SECOND PAGE

OF NOTICE TO VACATE)
19

20 Name of person served

21 ____________________________________________________________________________________________
Address of person served
22
Fax number or email of person served
23

24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed on (DATE SERVICE WAS DONE) , at Stockton, California.
25

26
____________________________________________________________
27 (NAME AND SIGNATURE OF PERSON SERVING)
Print name (of who p laced Envelope in mailbox)
28 Signature of person serving
 sample

RESERVED FOR CLERK'S FILE STAMP

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN

STOCKTON BRANCH LODI BRANCH MANTECA BRANCH

180 E Weber Ave., Ste 200 315 W. Elm St., Dept. L-2 315 E. Center St.
Stockton, CA 95202 Lodi, CA 95240 Manteca, CA 95336
(209) 992-5702 (209) 992-5522 (209) 239-9188

PLAINTIFF:
COPY FROM PAPERS SERVED ON YOU

DEFENDANT: COPY FROM PAPAERS SERVED ON YOU

CASE
NUMBER:
ORDER ON REQUEST FOR TEMPORARY STAY
COPY FROM PAPERS SERVED ON YOU

For Application for Temporary Stay of Execution of Judgment filed by:

FOR COURT USE ONLY
Name: YOUR NAME For Judgment entered on: ______________
Address: YOUR ADDRESS Daily Rental Value: $ ______________

IT IS SO ORDERED:

Temporary Stay of Execution of Judgment is ordered DENIED.

Temporary Stay of Execution of Judgment is ordered GRANTED on the following conditions:

Upon payment of $ ___________, in cash or money order only, to the Clerk’s Office at the above
address.

Defendant shall then provide the San Joaquin County Sheriff’s Department a copy of the payment
receipt no later than 5:00 P.M. the day prior to the scheduled lock-out. Once the receipt has been
provided the San Joaquin County Sheriff is hereby instructed and ordered to take no action whatsoever
to enforce said judgment or execute writ of possession until after the stay date listed below.

Stay is ordered granted up to and including: 12:01 a.m. on ______________________.

Funds deposited with the Court are to be disbursed following the current court policy, to the
plaintiff/plaintiff’s attorney.

IT IS FURTHER ORDERED that the above payment and notification to the Sheriff’s Office of the
receipt thereof must occur BEFORE 5:00 P.M. the business day before the scheduled lock-out. If the
lock-out has already occurred, this Order is null and void.

Date: ____________________ ______________________________________

Judge/Commissioner of the Superior Court
Form Adopted for Mandatory Use
Sup. Ct. 1 (Revised 8/2019)
UD Order on: Request for Temporary Stay
 1 ______________________________
Name
2 ______________________________
Street
3 ______________________________
4 City, State and Zip Code
______________________________
5 Phone No.
6 In Pro Per Defendant
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
9 _________________ BRANCH
10
11 _____________________________________ ) Case No.: _______-CV-LUDR-2020 ________
Plaintiff, )
12 ) EX PARTE APPLICATION FOR
) TEMPORARY STAY OF EXECUTION OF
13 vs. ) JUDGMENT
_____________________________________ )
14 Defendant. )
)
15 )
16
17 Defendant, ___________________________, hereby moves the court for an ex parte
18 temporary order staying execution of the judgment in the above-entitled matter, which was entered on
19 __________________, 2020, for restitution and possession of the premises located at and commonly
20 known as _______________________, ______________, California.
21 This motion is made on the ground that a temporary stay of execution until
22 __________________, 2020, is necessary to avoid irreparable harm to defendant. Defendant has been
23 unable to secure alternative housing.
24 This motion is made and based on this motion, on the declaration of defendant attached hereto,
25 on the attached memorandum of points and authorities, and on the records on file herein.
26
27 //

28 //

Application for Temporary Stay of Execution of Judgment - Page 1 of 2

 1 Date: ____________________, 2020

2 ___________________________
Signature
3
4
____________________________
5 Defendant [Print Name]
6
7 POINTS AND AUTHORITIES IN SUPPORT OF

8 APPLICATION FOR TEMPORARY STAY ORDER

9 1. The court, or any judge thereof, may stay the execution of any judgment. Code of Civil

10 Procedure § 918.

11 2. Code of Civil Procedure § 918 does not require a bond to stay execution of a judgment.

12 3. Special circumstances such as hardship, which exist in this case, should be considered in

13 granting a temporary of execution in an unlawful detainer case. Kaiser v. Hancock,

14 (1914) 25 Cal.App.323, 328; 143 P. 614.

15 4. A stay of execution granted under CCP § 918 is used to allow the judgment debtor time to

16 gather his or her resources so that the judgment may be satisfied without unnecessary

17 hardship. See Industrial Indemnity Co. v. Levine, (1975) 49 Cal.App.3d 698, 700; 122 Cal.

18 Rptr. 712.

19
20 Respectfully submitted,

21
22 Date: _________________, 2020 _____________________
Signature
23
24
_____________________
25 Defendant [Print Name]
26
27
28

Application for Temporary Stay of Execution of Judgment - Page 2 of 2

 ______________________________
1
Name
2 ______________________________
Street
3 ______________________________
4 City, State and Zip Code
______________________________
5 Phone No.
6 In Pro Per Defendant
7
8
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
9
_________________ BRANCH
10
11
_____________________________________ ) Case No.: -CV-LUDR-2020-_______
12
Plaintiff, )
13 ) DECLARATION IN SUPPORT
) OF EX PARTE APPLICATION
vs. ) FOR TEMPORARY STAY OF
14 _____________________________________ ) EXECUTION OF JUDGMENT
15 Defendant. )
)
16 )
I, _________________________, declare:
17
1. I am the defendant in the above-referenced matter, and this declaration in support of my
18
application for a stay of execution of the judgment entered on _______________, 2020, in the
19
above unlawful detainer.
20
2. I have lived at the subject premises for __________________. I have residing with me
21
_________________________________________________________________. My present
22
source of income is ____________________________________________________, and totals
23
$ _______________ per month.
24
3. I have not had an opportunity to secure alternative housing as of this date. I do not have
25
friends or relatives in this area with whom I can stay while I continue my search for alternative
26
housing.
27
//
28
//

Declaration - Page 1 of 3
 1 4. The writ of possession was posted by the Sheriff on or about _________________, 2020.
2 Since I have not found other housing as yet and do not have friends or relatives in the area to
3 reside with, I will have no place to go if I am evicted. I must have time to relocate and make
4 arrangements to move my personal property.
5 5. In order to avoid irreparable harm to me and to allow additional time to relocate, I request that
6 the judgment be stayed at least until ________________, 2020.
7 6. Because I do not have the resources to find immediate temporary housing, it would be a severe
8 hardship to be evicted on the date indicated in the writ of possession, _______________, 2020.
9 The circumstances surrounding my need for a temporary stay of execution judgment are as
10 follows:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 7. For these reasons, I submit that in order to avoid extreme hardship, this Court should grant
27 a stay of execution until ____________________, 2020.
28 ///
///
Declaration - Page 2 of 3
 1 8. On ________________________, 2020, I telephoned plaintiff (or plaintiff’s attorney) to
2 inform plaintiff where and when I would be applying for a stay of execution. I also informed
3 her/him that I could not arrange for personal service of this motion, but that it would be sent by
4 mail.
5 I declare under penalty of perjury under the laws of the State of California that the foregoing is
6 true and correct.
7 Executed on __________________, 2020 at ______________, California.
8
9 ________________________________
Signature
10
11
________________________________
12 Defendant [Print Name]
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Declaration - Page 3 of 3
 RESERVED FOR CLERK'S FILE STAMP

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN

STOCKTON BRANCH LODI BRANCH MANTECA BRANCH

180 E Weber Ave., Ste 200 315 W. Elm St., Dept. L-2 315 E. Center St.
Stockton, CA 95202 Lodi, CA 95240 Manteca, CA 95336
(209) 992-5702 (209) 992-5522 (209) 239-9188

PLAINTIFF:
COPY FROM PAPERS SERVED ON YOU

DEFENDANT: COPY FROM PAPAERS SERVED ON YOU

CASE
NUMBER:
ORDER ON REQUEST FOR TEMPORARY STAY
COPY FROM PAPERS SERVED ON YOU

For Application for Temporary Stay of Execution of Judgment filed by:

FOR COURT USE ONLY
Name: YOUR NAME For Judgment entered on: ______________
Address: YOUR ADDRESS Daily Rental Value: $ ______________

IT IS SO ORDERED:

Temporary Stay of Execution of Judgment is ordered DENIED.

Temporary Stay of Execution of Judgment is ordered GRANTED on the following conditions:

Upon payment of $ ___________, in cash or money order only, to the Clerk’s Office at the above
address.

Defendant shall then provide the San Joaquin County Sheriff’s Department a copy of the payment
receipt no later than 5:00 P.M. the day prior to the scheduled lock-out. Once the receipt has been
provided the San Joaquin County Sheriff is hereby instructed and ordered to take no action whatsoever
to enforce said judgment or execute writ of possession until after the stay date listed below.

Stay is ordered granted up to and including: 12:01 a.m. on ______________________.

Funds deposited with the Court are to be disbursed following the current court policy, to the
plaintiff/plaintiff’s attorney.

IT IS FURTHER ORDERED that the above payment and notification to the Sheriff’s Office of the
receipt thereof must occur BEFORE 5:00 P.M. the business day before the scheduled lock-out. If the
lock-out has already occurred, this Order is null and void.

Date: ____________________ ______________________________________

Judge/Commissioner of the Superior Court
Form Adopted for Mandatory Use
Sup. Ct. 1 (Revised 8/2019)
UD Order on: Request for Temporary Stay
1
PROOF OF SERVICE
2 I, ______________________________, declare:
3
That at the time of service I was at least 18 years of age and not a party to this action. My
4 residence address is: _____________________________________, ____________, CA, ________.

5
That on _______________, 2020, I served the following documents:
6 Date

7 (1) EX PARTE APPLICATION FOR TEMPORARY STAY OF EXECUTION

OF JUDGMENT
8

9 (2) DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR

TEMPORARY OF EXECUTION OF JUDGMENT
10

11
(3) ORDER FOR TEMPORARY STAY (PROPOSED)

12 [ ] By Transmitting via facsimile the document(s) listed above to the fax number(s) below on this
date before 5:00 p.m.
13

14
[ ] By personal delivery of the documents listed above to the address of the person below.

15 [ ] By mailing a copy of the documents listed above to the address of the person below and by
placing the documents in a sealed envelope with the postage fully prepaid and depositing the envelope
16
in the United States mail.
17
[ ] By emailing a copy of documents to the email below.
18
__________________________________________________________________________
19
Name of person served
20
__________________________________________________________________________
21 Address of person served

22 ___________________________________________________________________________________________________
Fax number or email of person served
23

24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed on _________________, 2020 at _________________, California.
25 Date

26

_____________________________________________ _______________________________________________
27
Print name (of person who placed Signature of person serving
28 Envelope in mailbox)