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. MEDICA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Dec-04-2018 10:28 am
Case Number: CUD-18-663284
Filing Date: Dec-04-2018 10:25
Filed by: BOWMAN LIU
Image: 06595903
EX PARTE APPLICATION FOR ORDER FOR STAY OF
EXECUTION
CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL
001C06595903
Instructions:
Please place this sheet on top of the document to be scanned.oO NIN DH BF WN
Cc 3
Emanuel Loggins
516 O'Farrell Street, Unit #214 EF D
San Francisco, CA 94102 or oi ro Galo
415-604-7472 Runty oF
Defendant In Pro. Per. DEC G4 2018
CLE! F THE COURT
BY ,
BO’
WMA AN ny
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 12-05-
2018.
4. I must have a stay of execution until 5:00 p.m. on 12-
11-2018, so that I will not be evicted from my home with no place
to go.
Application for Stayco IN DH Rw
Cc o
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. Recently, my family has suffered to losses in rapid
succession.
Sb. I need more time to find a new place to live. I
have been searching diligently for alternate housing and have
been making plans to move in with my brother, Ward Loggins, in
his home in Stockton. Unfortunately, due to the holidays and the
aforementioned deaths in our family we have not yet been able to
finalize these plans. 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 % 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.
5d. 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
Application for StayCem IN DA BF BN
YN YN YN NY N NY HF Be Be Be eB we Be Be Ke
oN AA BF wYw He F&F SOD O&A AA BRD NH BS
Cc 3
contact when mailing important medical notifications, bills, and
etc. As part of my housing search I am searching for alternate
medical providers, but as of today I have been unable to finalize
new medical arrangements. 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.
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 11-30-2018 at 2:37 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 11:00 a.m. on 12-04-2018. (See: Declaration of Stacey
Debner).
I declare under penalty of perjury that the foregoing is
true and correct and that this declaration was executed on 12-04-
2018, at San Francisco, California.
Emanuel db Seo ¢re.
Defendant In Pro. Per.
Application for StayoO IY DH BF WN
BPN NN NY NN KY NY BS Be Be ew Be Be Be Be
eoIA DAA FB KHNH fF SO wM RA AA BRB wONH SF STS
Cc 3
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 11-14-2018,
less that 30 days ago. 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.
Pursuant to Rule of Court 3.1202(a), Plaintiff's attorney's
Application for StayCc ONY DWH BRB wWwHN
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ent nA wn F BWBH HFK SOMA AwNwN ROH HE GS
Cc 3
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: 12-04-2018
Emanuel Loggins 3 q
Defendant In Pro.
Application for Stay
Per.© OADM FF WN =
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SIA nH RHO Ne SEMI A NR wWN Ee OS
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Emanuel Loggins .
516 O’ Farrell St., Unit 214
San Francisco, CA 94102
415-604-7472
Defendant In Pro. Per.
SUPERIOR COURT -- LIMITED JURISDICTION
OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
Caritas Management Corporation No. CUD-18-663284
Plaintiff
DECLARATION OF STACEY DEBNER IN
v. SUPPORT OF DEFENDANT EMANUEL
LOGGINS’S EX PARTE APPLICATION
Emanuel Loggins, FOR STAY OF EXECUTION
et al.,
Defendants (Sheriff's No.2018451800)
I, Stacey Debner, declare:
1. I am not 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 employed at the Eviction Defense Collaborative.
4. On November 30, 2018 at 2:37 PM, with Emanuel Loggins’s
consent, I called the Plaintiff’s attorney in this case on behalf of
Emanuel Loggin. I spoke directly to the Plaintiff’s attorney, telling
him that the Defendant, Emanuel Loggins, would seek a stay of
execution in Room 501, 400 McAllister Street, San Francisco, CA at
11:00 a.m. on 12/4/18.
DeclarationCc 3
1 I declare under penalty of perjury that the foregoing is true
2) and correct and that this declaration was executed on 11/30/18, at
3]| San Francisco, California.
a
Stacey Debner
Proof of Service by Mail 3oe YN DH RB WN &
NN YP NY YN NN DY Se Be Be we ewe eR eB ew se
ent A A BYOB YH = SO wHw A AA BRB WONH BS
Cc 23
Emanuel Loggins
516 O'Farrell Street, Unit #214
San Francisco, CA 94102
PROOF OF SERVICE BY MAIL
CASE NAME: Caritas Management Corporation v. Loggins, et al.
CASE NO.: CUD-18-663284
I, Weatkew Ten , declare as follows:
I am employed within the City and County of San Francisco.
My business address is EVICTION DEFENSE COLLABORATIVE, 1338
Mission Street, 4th Floor, San Francisco, California 94103. I am
over the age of eighteen (18) years of age and not a party to the
within action. I am readily familiar with the EVICTION DEFENSE
COLLABORATIVE's practice for collection and processing of
correspondence for mailing with the United States Postal Service.
Correspondence so collected and processed is deposited with the
United States Postal Service that same day in the ordinary course
of business.
On 12-04-2018, in accordance with Code of Civil Procedure
§1013a(3), I served the following:
Application for Stay of Execution, Declaration
upon PLAINTIFF Caritas Management Corporation, by placing
the same at the EVICTION DEFENSE COLLABORATIVE for deposit in the
United States Postal Service on that date in an envelope
addressed as follows:
Francisco G. Torres
Zanghi Torres Arshawsky LLP
625 Market Street, 4th Floor
San Francisco, CA 94105
I sealed the envelope and placed it for collection and
mailing on that date following ordinary business practices, in
the City and County of San Francisco, California.
I declare under penalty of perjury that the foregoing is
true and correct and that this declaration was executed on 12-04-
2018 at San Francisco, California.
Application for Stay
Preview
Y or? . MEDICA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Dec-04-2018 10:28 am Case Number: CUD-18-663284 Filing Date: Dec-04-2018 10:25 Filed by: BOWMAN LIU Image: 06595903 EX PARTE APPLICATION FOR ORDER FOR STAY OF EXECUTION CARITAS MANAGEMENT CORPORATION VS. EMANUEL LOGGINS ET AL 001C06595903 Instructions: Please place this sheet on top of the document to be scanned.oO NIN DH BF WN Cc 3 Emanuel Loggins 516 O'Farrell Street, Unit #214 EF D San Francisco, CA 94102 or oi ro Galo 415-604-7472 Runty oF Defendant In Pro. Per. DEC G4 2018 CLE! F THE COURT BY , BO’ WMA AN ny 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 12-05- 2018. 4. I must have a stay of execution until 5:00 p.m. on 12- 11-2018, so that I will not be evicted from my home with no place to go. Application for Stayco IN DH Rw Cc o 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. Recently, my family has suffered to losses in rapid succession. Sb. I need more time to find a new place to live. I have been searching diligently for alternate housing and have been making plans to move in with my brother, Ward Loggins, in his home in Stockton. Unfortunately, due to the holidays and the aforementioned deaths in our family we have not yet been able to finalize these plans. 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 % 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. 5d. 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 Application for StayCem IN DA BF BN YN YN YN NY N NY HF Be Be Be eB we Be Be Ke oN AA BF wYw He F&F SOD O&A AA BRD NH BS Cc 3 contact when mailing important medical notifications, bills, and etc. As part of my housing search I am searching for alternate medical providers, but as of today I have been unable to finalize new medical arrangements. 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. 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 11-30-2018 at 2:37 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 11:00 a.m. on 12-04-2018. (See: Declaration of Stacey Debner). I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on 12-04- 2018, at San Francisco, California. Emanuel db Seo ¢re. Defendant In Pro. Per. Application for StayoO IY DH BF WN BPN NN NY NN KY NY BS Be Be ew Be Be Be Be eoIA DAA FB KHNH fF SO wM RA AA BRB wONH SF STS Cc 3 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 11-14-2018, less that 30 days ago. 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. Pursuant to Rule of Court 3.1202(a), Plaintiff's attorney's Application for StayCc ONY DWH BRB wWwHN RN YN RN NRHN KN NY BS Be Bw we ewe ew ewe ewe ee ent nA wn F BWBH HFK SOMA AwNwN ROH HE GS Cc 3 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: 12-04-2018 Emanuel Loggins 3 q Defendant In Pro. Application for Stay Per.© OADM FF WN = Y NY YY NY N NR N NY NY SIA nH RHO Ne SEMI A NR wWN Ee OS Cc oa Emanuel Loggins . 516 O’ Farrell St., Unit 214 San Francisco, CA 94102 415-604-7472 Defendant In Pro. Per. SUPERIOR COURT -- LIMITED JURISDICTION OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO Caritas Management Corporation No. CUD-18-663284 Plaintiff DECLARATION OF STACEY DEBNER IN v. SUPPORT OF DEFENDANT EMANUEL LOGGINS’S EX PARTE APPLICATION Emanuel Loggins, FOR STAY OF EXECUTION et al., Defendants (Sheriff's No.2018451800) I, Stacey Debner, declare: 1. I am not 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 employed at the Eviction Defense Collaborative. 4. On November 30, 2018 at 2:37 PM, with Emanuel Loggins’s consent, I called the Plaintiff’s attorney in this case on behalf of Emanuel Loggin. I spoke directly to the Plaintiff’s attorney, telling him that the Defendant, Emanuel Loggins, would seek a stay of execution in Room 501, 400 McAllister Street, San Francisco, CA at 11:00 a.m. on 12/4/18. DeclarationCc 3 1 I declare under penalty of perjury that the foregoing is true 2) and correct and that this declaration was executed on 11/30/18, at 3]| San Francisco, California. a Stacey Debner Proof of Service by Mail 3oe YN DH RB WN & NN YP NY YN NN DY Se Be Be we ewe eR eB ew se ent A A BYOB YH = SO wHw A AA BRB WONH BS Cc 23 Emanuel Loggins 516 O'Farrell Street, Unit #214 San Francisco, CA 94102 PROOF OF SERVICE BY MAIL CASE NAME: Caritas Management Corporation v. Loggins, et al. CASE NO.: CUD-18-663284 I, Weatkew Ten , declare as follows: I am employed within the City and County of San Francisco. My business address is EVICTION DEFENSE COLLABORATIVE, 1338 Mission Street, 4th Floor, San Francisco, California 94103. I am over the age of eighteen (18) years of age and not a party to the within action. I am readily familiar with the EVICTION DEFENSE COLLABORATIVE's practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On 12-04-2018, in accordance with Code of Civil Procedure §1013a(3), I served the following: Application for Stay of Execution, Declaration upon PLAINTIFF Caritas Management Corporation, by placing the same at the EVICTION DEFENSE COLLABORATIVE for deposit in the United States Postal Service on that date in an envelope addressed as follows: Francisco G. Torres Zanghi Torres Arshawsky LLP 625 Market Street, 4th Floor San Francisco, CA 94105 I sealed the envelope and placed it for collection and mailing on that date following ordinary business practices, in the City and County of San Francisco, California. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on 12-04- 2018 at San Francisco, California. Application for Stay