Preview
CoN DA HW BB WN
Nb NY NY YN NN HY Bee Be Be ewe we eB ewe Re
ond Aw Bw HF SF OD HO IRA WP wW HE SG
Emanuel Loggins
516 O'Farrell Street, Unit #214 § Hey
San Francisco, CA 94102 Fk { LL E
San Frese i
415-604-7472 Pafeise Coy Sip Cau
Defendant In Pro. Per. JUN 18 2019
F THE COURT
By 4
Deputy Giark
SUPERIOR COURT - LIMITED JURISDICTION
OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
Caritas Management No. CUD-18-663284
Corporation,
: EX PARTE APPLICATION FOR STAY
. Plaintiff, OF EXECUTION
vs. (Sheriff's No. 2018451800)
Emanuel Loggins, et al.
Defendants.
I, Emanuel Loggins, declare:
1. I am a defendant in the above-entitled unlawful
detainer action. ,
2. The facts set forth in this declaration are personally
known to me. If called as a witness, I could and would
competently testify as follows.
3. I am scheduled to be evicted by the Sheriff on 06-19-
2019.
4, I must have a stay of execution until 5:00 p.m. on 06-
25-2019, so that I will not be evicted from my home with no place
to go.
Application for StayCOI DHA BF wWwN
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2 AIDA BF BHF So wH AIA AW PEW NH SS
5. I request that the Court take the following facts into
consideration:
Sa. I ama disabled man suffering from arthritis in my
knees, severely limiting my mobility. I have an extremely limited
income, only $910.00 per month through SSI which must cover all
my basic living expenses, court fees and costs, and housing
search costs.
5b. - I need more time to find a new place to live. I do
not have any other friends or family in the area I can stay with,
even temporarily. If I am evicted from my home tomorrow I will be
literally homeless.
Sc. I need more time to move my personal possessions
and household goods. I have lived in my home for a years
and store all my personal possessions there. I do not have the
wherewithal to both hire professional movers and pay for storage
space, so must do all packing, lifting and moving on my own, a
process that is made even more difficult by my aforementioned
disabilities. If I am evicted from my home tomorrow not only will
I be homeless, but I will lose all or most of my personal
possessions in the process.
Sd. I need more time to make alternate medical
arrangements. All of my current medical providers are easily
accessible from my home and use my home address as the point of
contact when mailing important medical notifications, bills, and
etc. If I am evicted from my home tomorrow there is a strong
possibility my medical arrangements will be disrupted, if not
terminated entirely, posing a significant risk to my health and
welfare.
Application for StayCoN DH BF BN
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6. I am willing to deposit into the Court the prorated
daily amount of the monthly contract rent (i.e. $16.76 per day
for the seven days of the stay I am requesting, for a total of
$117.37).
7. On 06-17-2019 at 4:45 p.m., at my direction and with my
consent, an employee at the Eviction Defense Collaborative called
and informed the attorney for Plaintiff that I would seek a stay
of execution in Room 501, 400 McAllister Street, San Francisco,
CA at 10:00 a.m. on 06-18-2019. (See: Declaration of Jacqueline
Patton, where consent was requested).
I declare under penalty of perjury that the foregoing is
true and correct and that this declaration was executed on 06-18-
2019, at San Francisco, California.
Emanuel 4 eS 5
Defendant In Pro. Per.
Application for StayoO XQ DH FF YW NY
ND NY YN YN N NYY BB Be Be Be Be eB Be
e2Iaanw sk BS FSG eKe DEAR AR Ee S
MEMORANDUM OF POINTS AND AUTHORITIES
All courts have the power to stay execution of judgments and
orders. Code of Civil Procedure §918 provides:
(a) Subject to Subdivision (b), the trial court may stay the
enforcement of an judgment or order.
(b) If the enforcement of the judgment or order would be
stayed on appeal only by the giving of an undertaking, a trial
court shall not have power, without the consent of the adverse
party, to stay the enforcement thereof pursuant to this section
for a period of which extends more than 10 days beyond the last
date on which notice of appeal could be filed.
Code of Civil Procedure §1176(a) provides that a stay of
judgment in an unlawful detainer action shall be granted if the
court finds that the moving party will suffer extreme hardship in
the absence of such a stay, and that the non-moving party will
not be irreparably injured by its issuance.
A defendant in a limited civil case has thirty days from the
date of service of the notice of entry of judgment to file an
appeal. Cal. Rule of Court 8.822. In an unlimited civil case, a
defendant has sixty days from the date of mailing of the notice
of entry of judgment to file an appeal. Cal. Rule of Court 8.104.
In the instant case, judgment was entered on 05-31-2019,
less that 30 days ago. Defendant requested consent. Based on the
facts as set forth in Defendant's Ex Parte Application for Stay
of Execution, and in view of the Court's authority and good cause
for its exercise in this matter, Defendant respectfully requests
that the Stay of Execution be granted until the time requested in
the Application.
Application for StayPursuant to Rule of Court 3.1202(a), Plaintiff's attorney's
name, address, and phone number are as follows:
Francisco G. Torres
Zanghi Torres Arshawsky LLP
625 Market Street, 4th Floor
San Francisco, CA 94105
415-977-0444
Dated: 06-18-2019
Crmtiouael Ms Syueeg
Emanuel Loggins
Defendant In Pro. Per.
Application for Stay
Preview
CoN DA HW BB WN Nb NY NY YN NN HY Bee Be Be ewe we eB ewe Re ond Aw Bw HF SF OD HO IRA WP wW HE SG Emanuel Loggins 516 O'Farrell Street, Unit #214 § Hey San Francisco, CA 94102 Fk { LL E San Frese i 415-604-7472 Pafeise Coy Sip Cau Defendant In Pro. Per. JUN 18 2019 F THE COURT By 4 Deputy Giark SUPERIOR COURT - LIMITED JURISDICTION OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO Caritas Management No. CUD-18-663284 Corporation, : EX PARTE APPLICATION FOR STAY . Plaintiff, OF EXECUTION vs. (Sheriff's No. 2018451800) Emanuel Loggins, et al. Defendants. I, Emanuel Loggins, declare: 1. I am a defendant in the above-entitled unlawful detainer action. , 2. The facts set forth in this declaration are personally known to me. If called as a witness, I could and would competently testify as follows. 3. I am scheduled to be evicted by the Sheriff on 06-19- 2019. 4, I must have a stay of execution until 5:00 p.m. on 06- 25-2019, so that I will not be evicted from my home with no place to go. Application for StayCOI DHA BF wWwN RN YY YN NNN FP Bee Be ee ewe Be ei 2 AIDA BF BHF So wH AIA AW PEW NH SS 5. I request that the Court take the following facts into consideration: Sa. I ama disabled man suffering from arthritis in my knees, severely limiting my mobility. I have an extremely limited income, only $910.00 per month through SSI which must cover all my basic living expenses, court fees and costs, and housing search costs. 5b. - I need more time to find a new place to live. I do not have any other friends or family in the area I can stay with, even temporarily. If I am evicted from my home tomorrow I will be literally homeless. Sc. I need more time to move my personal possessions and household goods. I have lived in my home for a years and store all my personal possessions there. I do not have the wherewithal to both hire professional movers and pay for storage space, so must do all packing, lifting and moving on my own, a process that is made even more difficult by my aforementioned disabilities. If I am evicted from my home tomorrow not only will I be homeless, but I will lose all or most of my personal possessions in the process. Sd. I need more time to make alternate medical arrangements. All of my current medical providers are easily accessible from my home and use my home address as the point of contact when mailing important medical notifications, bills, and etc. If I am evicted from my home tomorrow there is a strong possibility my medical arrangements will be disrupted, if not terminated entirely, posing a significant risk to my health and welfare. Application for StayCoN DH BF BN NN YN YY KR NY NY Be Be Be Be Se ewe Be Be eB ont DAH KR YW YH fF Sow ADH BF WH HF DO 6. I am willing to deposit into the Court the prorated daily amount of the monthly contract rent (i.e. $16.76 per day for the seven days of the stay I am requesting, for a total of $117.37). 7. On 06-17-2019 at 4:45 p.m., at my direction and with my consent, an employee at the Eviction Defense Collaborative called and informed the attorney for Plaintiff that I would seek a stay of execution in Room 501, 400 McAllister Street, San Francisco, CA at 10:00 a.m. on 06-18-2019. (See: Declaration of Jacqueline Patton, where consent was requested). I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on 06-18- 2019, at San Francisco, California. Emanuel 4 eS 5 Defendant In Pro. Per. Application for StayoO XQ DH FF YW NY ND NY YN YN N NYY BB Be Be Be Be eB Be e2Iaanw sk BS FSG eKe DEAR AR Ee S MEMORANDUM OF POINTS AND AUTHORITIES All courts have the power to stay execution of judgments and orders. Code of Civil Procedure §918 provides: (a) Subject to Subdivision (b), the trial court may stay the enforcement of an judgment or order. (b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period of which extends more than 10 days beyond the last date on which notice of appeal could be filed. Code of Civil Procedure §1176(a) provides that a stay of judgment in an unlawful detainer action shall be granted if the court finds that the moving party will suffer extreme hardship in the absence of such a stay, and that the non-moving party will not be irreparably injured by its issuance. A defendant in a limited civil case has thirty days from the date of service of the notice of entry of judgment to file an appeal. Cal. Rule of Court 8.822. In an unlimited civil case, a defendant has sixty days from the date of mailing of the notice of entry of judgment to file an appeal. Cal. Rule of Court 8.104. In the instant case, judgment was entered on 05-31-2019, less that 30 days ago. Defendant requested consent. Based on the facts as set forth in Defendant's Ex Parte Application for Stay of Execution, and in view of the Court's authority and good cause for its exercise in this matter, Defendant respectfully requests that the Stay of Execution be granted until the time requested in the Application. Application for StayPursuant to Rule of Court 3.1202(a), Plaintiff's attorney's name, address, and phone number are as follows: Francisco G. Torres Zanghi Torres Arshawsky LLP 625 Market Street, 4th Floor San Francisco, CA 94105 415-977-0444 Dated: 06-18-2019 Crmtiouael Ms Syueeg Emanuel Loggins Defendant In Pro. Per. Application for Stay