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Thomas E. Drohan, SBN 160008
Barbara S. Lam, SBN 302302
Abel Mouton, SBN 339751 ELECTRONICALLY
LEGAL ASSISTANCE TO THE ELDERLY FILED
1663 Mission Street, Suite 225 ‘Superior Court of California,
San Francisco, CA 94103 County of San Francisco
phone: (415) 538-3333 04/04/2023
Clerk of the Court
(fax: (415) 538-3316 BY: EDWARD SANTOS
email: amouton@laesf.org Deputy Clerk
Attorneys for Defendant
JOHN TILLMAN
SUPERIOR COURT OF CALIFORNIA — LIMITED CIVIL JURISDICTION
COUNTY OF SAN FRANCISCO
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Case Number: CUD-23-671233
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EX PARTE APPLICATION FOR STAY OF
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EXECUTION OF JUDGMENT;
BACKYARD INDUSTRIES, LLC MEMORANDUM OF POINTS AND
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Plaintiff, AUTHORITIES; DECLARATIONS IN
14 SUPPORT OF APPLICATION FOR STAY OF
Vv. EXECUTION OF JUDGMENT
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16 JOHN TILLMAN,
Defendant. (Sheriff’s Notice No. 23471647)
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Date: April 4, 2023
18 Time: 10:00 a.m.
Dept.: 501
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Ex Parte Application for Stay
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DEFENDANT John Tillman hereby requests an order staying execution of the writ of
possession until Tuesday, April 11, 2023, at 5:00 p.m. so that defendant will not be evicted from
her home prior to finding adequate replacement housing.
DATED: April 4, 2023 By;
A 1 Mouton
Attorney for Defendant
John Tillman
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Ex Parte Application for Stay
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MEMORANDUM OF POINTS AND AUTHORITIES
All Courts have the power to stay execution of judgments and orders. Code of Civil
Procedure section 918 provides:
(a) Subject to subdivision (b), the trial court may stay enforcement of any
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 which extends for more than 10 days
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beyond the last date on which a notice of appeal could be filed.
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Code of Civil Procedure section 1176(a) provides that a stay of judgment in an unlawful
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13 detainer action shall be granted if the court finds that the moving party will suffer extreme
14 hardship in the absence of such stay, and that the non-moving party will not be irreparably
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injured by its issuance.
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Here, Defendant John Tillman is an 83-year-old disabled veteran who has been diagnosed
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with dementia, walks with great difficulty, and lives with failing kidneys. If Mr. Tillman is
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19 evicted without having any place to move, he will suffer potentially life-threatening hardship due
20 to the difficulties of managing his serious disabilities without a roof over his head. Mr. Tillman’s
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case managers are working to find an interim housing solution, but they have not yet secured
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housing.
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Additionally, Mr. Tillman lives on a fixed income, adding layers of difficulty to finding
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25 adequate housing that he can afford.
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Ex Parte Application for Stay
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The name and address of the landlord’s attorney, pursuant to California Rules of Court,
1S.
Alexandra Azad
Kaufman Dolowich & Voluck, LLP
425 California Street, #2100
San Francisco, CA 94105
alexandra.azad@kdvlaw.com
The rent in the Complaint is $22.50 per day. Seven days’ rent is $157.50. Defendant is
willing and able to pay $157.50 in order to obtain a stay.
Based on the facts as set forth in Defendant's Application for Stay of Execution and
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Declaration, and in view of the Court's authority and good cause for its exercise in this matter,
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Defendant respectfully requests that the Stay of Execution be granted until the time requested in
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13 the Application.
14 Dated: April 4, 2023
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By:
16 Atel Mouton
Attorney for Defendant
17 JOHN TILLMAN
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Ex Parte Application for Stay
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DECLARATION OF ABEL MOUTON
I, Abel Mouton, declare as follows:
1 Jam an attorney at law duly admitted to practice before all courts of the State of
California and can personally testify to the following if called upon to do so.
2 Defendant JOHN TILLMAN is scheduled to be evicted on March 29, 2023. Ifhe
is granted a one-week stay, he will be evicted on April 12, 2023, 2022. Defendant TILLMAN
needs a one-week stay of eviction to him her time to find suitable replacement housing.
10 3 On April 3, 2023 at approximately 8:17 a.m., I called the telephone number
11 listed on the plaintiff's pleadings. I left a voice mail for Alexandra Azad, the plaintiff's attorney,
12 and told her that I would be in court room 501 at 10:00 a.m., on April 4, 2023, to seek a stay of
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eviction in the above-entitled matter.
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4 I followed up on my voice mail to Ms. Azad with an email stating the same
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16 information. Attached as Exhibit 1 is a true and correct copy of this email.
17 I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct. Executed on April 4, 2023, at San Francisco, California.
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20 LEG SISTANCE TO THE ELDERLY
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Abél Mouton
23 Attorney for Defendant
JOHN TILLMAN
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Ex Parte Application for Stay
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EXHIBIT 1
4/4/23, 6:49 AM Mail - Abel Mouton - Outlook
Ex Parte Notice — Backyard Industries v. Tillman, CUD-23-671233
Abel Mouton
Mon 4/3/2023 8:24 AM
To: Alexandra Azad
Hi Alexandra:
Following up on the voice mail | just left for you.
| am giving notice that tomorrow, Tuesday, April 4, 2023, at 10 AM in Department 501 of San Francisco
Superior Court, located at 400 McAllister in San Francisco, Defendant John Tillman will seek an
Order Shortening Time to hear his Motion to Vacate the Default Judgment and to Recall the Writ of
Possession in the matter of Backyard Industries v. Tillman.
Please let me know if your client intends to oppose this motion.
As ever, we remain open to your client, stipulation set aside the fall, so we can settle this case in a
slightly more leisurely matter.
Thanks, and have a great day!
Abel
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DECLARATION OF JOHN TILLMAN
I, John Tillman declare as follows:
1 Tam the named defendant in the above-entitled unlawful detainer action. I have personal
knowledge of the facts in this declaration. If called as a witness in this matter, I could and would
testify to the following:
2. I am an 83-year-old disabled veteran.
3 Thave been diagnosed with dementia. I walk with great difficulty, and must use a walker
or a wheelchair to get around. I also have failing kidneys, and I use a colostomy bag.
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4 Thave been working with case managers to secure alternate housing, but I have not found
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any yet.
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13 5 If lam evicted and locked out of my apartment on April 5, 2023, I will be put out onto
14 the streets. With my disabilities, I do not expect to survive long on the streets,
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6 I will continue to work with my case managers to secure alternate housing.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
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true and correct. Executed on April 4, 2023, at San Francisco, California.
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19 By: Tae
John Tillman
20 Defendant
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Ex Parte Application for Stay
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Preview
Thomas E. Drohan, SBN 160008 Barbara S. Lam, SBN 302302 Abel Mouton, SBN 339751 ELECTRONICALLY LEGAL ASSISTANCE TO THE ELDERLY FILED 1663 Mission Street, Suite 225 ‘Superior Court of California, San Francisco, CA 94103 County of San Francisco phone: (415) 538-3333 04/04/2023 Clerk of the Court (fax: (415) 538-3316 BY: EDWARD SANTOS email: amouton@laesf.org Deputy Clerk Attorneys for Defendant JOHN TILLMAN SUPERIOR COURT OF CALIFORNIA — LIMITED CIVIL JURISDICTION COUNTY OF SAN FRANCISCO 10 Case Number: CUD-23-671233 ll EX PARTE APPLICATION FOR STAY OF 12 EXECUTION OF JUDGMENT; BACKYARD INDUSTRIES, LLC MEMORANDUM OF POINTS AND 13 Plaintiff, AUTHORITIES; DECLARATIONS IN 14 SUPPORT OF APPLICATION FOR STAY OF Vv. EXECUTION OF JUDGMENT 15 16 JOHN TILLMAN, Defendant. (Sheriff’s Notice No. 23471647) 17 Date: April 4, 2023 18 Time: 10:00 a.m. Dept.: 501 19 20 21 22 23 24 25 M 26 M 27 // 28 Ex Parte Application for Stay 1 DEFENDANT John Tillman hereby requests an order staying execution of the writ of possession until Tuesday, April 11, 2023, at 5:00 p.m. so that defendant will not be evicted from her home prior to finding adequate replacement housing. DATED: April 4, 2023 By; A 1 Mouton Attorney for Defendant John Tillman 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ex Parte Application for Stay 2 MEMORANDUM OF POINTS AND AUTHORITIES All Courts have the power to stay execution of judgments and orders. Code of Civil Procedure section 918 provides: (a) Subject to subdivision (b), the trial court may stay enforcement of any 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 which extends for more than 10 days 10 beyond the last date on which a notice of appeal could be filed. 11 Code of Civil Procedure section 1176(a) provides that a stay of judgment in an unlawful 12 13 detainer action shall be granted if the court finds that the moving party will suffer extreme 14 hardship in the absence of such stay, and that the non-moving party will not be irreparably 15 injured by its issuance. 16 Here, Defendant John Tillman is an 83-year-old disabled veteran who has been diagnosed 17 with dementia, walks with great difficulty, and lives with failing kidneys. If Mr. Tillman is 18 19 evicted without having any place to move, he will suffer potentially life-threatening hardship due 20 to the difficulties of managing his serious disabilities without a roof over his head. Mr. Tillman’s 21 case managers are working to find an interim housing solution, but they have not yet secured 22 housing. 23 Additionally, Mr. Tillman lives on a fixed income, adding layers of difficulty to finding 24 25 adequate housing that he can afford. 26 i 27 28 Ex Parte Application for Stay 3 The name and address of the landlord’s attorney, pursuant to California Rules of Court, 1S. Alexandra Azad Kaufman Dolowich & Voluck, LLP 425 California Street, #2100 San Francisco, CA 94105 alexandra.azad@kdvlaw.com The rent in the Complaint is $22.50 per day. Seven days’ rent is $157.50. Defendant is willing and able to pay $157.50 in order to obtain a stay. Based on the facts as set forth in Defendant's Application for Stay of Execution and 10 Declaration, and in view of the Court's authority and good cause for its exercise in this matter, 11 Defendant respectfully requests that the Stay of Execution be granted until the time requested in 12 13 the Application. 14 Dated: April 4, 2023 15 By: 16 Atel Mouton Attorney for Defendant 17 JOHN TILLMAN 18 19 20 21 22 23 24 25 26 27 28 Ex Parte Application for Stay 4 DECLARATION OF ABEL MOUTON I, Abel Mouton, declare as follows: 1 Jam an attorney at law duly admitted to practice before all courts of the State of California and can personally testify to the following if called upon to do so. 2 Defendant JOHN TILLMAN is scheduled to be evicted on March 29, 2023. Ifhe is granted a one-week stay, he will be evicted on April 12, 2023, 2022. Defendant TILLMAN needs a one-week stay of eviction to him her time to find suitable replacement housing. 10 3 On April 3, 2023 at approximately 8:17 a.m., I called the telephone number 11 listed on the plaintiff's pleadings. I left a voice mail for Alexandra Azad, the plaintiff's attorney, 12 and told her that I would be in court room 501 at 10:00 a.m., on April 4, 2023, to seek a stay of 13 eviction in the above-entitled matter. 14 4 I followed up on my voice mail to Ms. Azad with an email stating the same 15 16 information. Attached as Exhibit 1 is a true and correct copy of this email. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. Executed on April 4, 2023, at San Francisco, California. 19 20 LEG SISTANCE TO THE ELDERLY 21 22 Abél Mouton 23 Attorney for Defendant JOHN TILLMAN 24 25 26 27 28 Ex Parte Application for Stay 5 EXHIBIT 1 4/4/23, 6:49 AM Mail - Abel Mouton - Outlook Ex Parte Notice — Backyard Industries v. Tillman, CUD-23-671233 Abel Mouton Mon 4/3/2023 8:24 AM To: Alexandra Azad Hi Alexandra: Following up on the voice mail | just left for you. | am giving notice that tomorrow, Tuesday, April 4, 2023, at 10 AM in Department 501 of San Francisco Superior Court, located at 400 McAllister in San Francisco, Defendant John Tillman will seek an Order Shortening Time to hear his Motion to Vacate the Default Judgment and to Recall the Writ of Possession in the matter of Backyard Industries v. Tillman. Please let me know if your client intends to oppose this motion. As ever, we remain open to your client, stipulation set aside the fall, so we can settle this case in a slightly more leisurely matter. Thanks, and have a great day! Abel Get Outlook for iOS https://outlook. office.com/mail/sentitems/id/AAQkADkzYzRkMmNmLWFmZGYtNDBhZC1hOWMOLTFhYjdhOTg1YzkzY gAQAMAJ60E4NIBAjZWZR7... 11 DECLARATION OF JOHN TILLMAN I, John Tillman declare as follows: 1 Tam the named defendant in the above-entitled unlawful detainer action. I have personal knowledge of the facts in this declaration. If called as a witness in this matter, I could and would testify to the following: 2. I am an 83-year-old disabled veteran. 3 Thave been diagnosed with dementia. I walk with great difficulty, and must use a walker or a wheelchair to get around. I also have failing kidneys, and I use a colostomy bag. 10 4 Thave been working with case managers to secure alternate housing, but I have not found 11 any yet. 12 13 5 If lam evicted and locked out of my apartment on April 5, 2023, I will be put out onto 14 the streets. With my disabilities, I do not expect to survive long on the streets, 15 6 I will continue to work with my case managers to secure alternate housing. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is 17 true and correct. Executed on April 4, 2023, at San Francisco, California. 18 19 By: Tae John Tillman 20 Defendant 21 22 23 24 25 26 27 28 Ex Parte Application for Stay 6