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IMO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-15-2012 10:19 am
Case Number: CUD-12-641034
Filing Date: May-15-2012 10:18
Filed by: MICHAEL RAYRAY
Juke Box: 001 Image: 03614750
EX PARTE APPLICATION FOR ORDER
SHEILA YEE VS. MEI BIN et al
001003614750
Instructions:
Please place this sheet on top of the document to be scanned.Thomas Mayhew (SBN 183539)
tmayhew@fbm.com
Amanda D. Hairston (SBN 251096)
ahairston@!bm.com
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street. 7th Floor
San Francisco, CA 94104
Telephone: (415) 954-4400
Facsimile: (415) 954-4480
Attorneys for Defendant
Melvin Ferrera (sued as “MEI BIN”)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
SHEILA YEE, Case No. CUD-12-641034
wv
aintiff, EX PARTE APPLICATION FOR STAY
OF EXECUTION
vs.
(Sheriff's No: 2012397485)
MEI BIN, and DOES | through X,
Date: May 15, 2012
Defendants. Time: 11:00 a.m.
Location: Department 501
Judge: Hon. Ronald E. Quidachay
I, Melvin Ferrera, declare:
1. Tam a defendant in the above-referenced unlawful detainer action.
2. The facts set forth in this declaration are personally known to me. If called asa
witness, I could and would competently testify as follows.
3. Tam scheduled to be evicted by the Sheriff on May 16, 2012.
4. T must have a stay of execution until 5:00 p.m. on May 22, 2012, so that I will not
be evicted from my home with no place to go.
5. I request the Court take the following facts into consideration: I never received a
copy of the April 5, 2012 3-day notice to pay rent or quit, the summons and complaint filed in this
action, nor did I receive a copy of the pre-judgment claim form. The first time I learned about
this case was May 2, 2012 when one of the other occupants of the property gave me a Notice to
Vacate from the Sherriff's Office. All of the documents in this case are directed to “MEI BIN”
20302\3114205.1
EX PARTE APPLICATION FOR STAY OF EXECUTION
CASE NO. CUD-12-641034we
wn
28
Fanta Braue + Mame] LL
28 Somgonen, Strict 7h Flac
SamFroncnca, CA 94H
USHStelipn
and do not refer to me by name. | am a monolingua! Spanish speaker and do not speak or read
English. | first obtained legal assistance from the Eviction Defense Collaborative which helped
me file a pro per application for stay on May 8, which was granted by this Court. The Eviction
Defense Collaborative then referred me to the Homeless Advocacy Project to find an attorney to
file a motion to vacate the judgment against me. | immediately contacted the Homeless
Advocacy Project and they referred me to my current counsel. Since learning of this lawsuit, I
have acted diligently in seeking legal representation to help me assert my rights.
6. 1 am willing to deposit into the Court the prorated daily amount of the monthly
contract rent (i.e. $13.33) for the 7 days, $13.33 x 7 = $93.31.
7. On May 10, 2012, my attorney, Amanda D. Hairston, of Farella Braun + Martel
LLP , on my behalf, spoke with Louis Zhang, who stated he was the representative for plaintiff
Sheila Yee, and informed him that I would seek an order from the court for a stay of execution in
the Unlawful Detainer Law and Motion Department of the Superior Court, Limited Jurisdiction,
in Room 501, 400 McAllister St., San Francisco, California at 11:00 a.m. on May 15, 2012.
8. This declaration was translated for me into Spanish so I could understand its
contents before | signed it.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on May 14, 2012, at San Francisco
-2- 2030213114205.1
EX PARTE APPLICATION FOR STAY OF EXECUTION
CASE NO. CUD-!2-64 10341 MEMORANDUM OF POINTS AND AUTHORITIES
2 All courts have the power to stay execution of judgments and orders. Code of Civil
3 | Procedure § 918 provides:
4 “(a) Subject to Subdivision (b), the trial court may stay the enforcement of any
judgment or order. If the enforcement of the judgment or order would be stayed
5 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 beyond the last
date on which a notice of appeal could be filed.”
6
7
8 Code of Civil Procedure § 1176(a) provides that a stay of a judgment in an unlawful
9 | detainer action shall be granted if the court finds that the moving party will suffer extreme
0 | hardship in the absence of such stay, and that the non-moving party will not be irreparably injured
11 4 by its issuance.
12 A defendant in an unlawful detainer action has thirty days from the entry of judgment to
13 | file an appeal. Cal. Rule of Court 102. In the instant case, judgment was entered on April 27,
14 | 2012. Based on the facts as set forth in Defendant's Ex Parte Application for Stay of Execution,
15 | and in view of the Court's authority and good cause for its exercise in this matter. defendant
16 | Melvin Ferrera respectfully requests that the Stay of Execution be granted until the time requested
17 | in the Application.
18
19 Dated: May 14, 2012 FARELLA BRAUN + MARTEL LL
* /p Lavstor
By:
21 anda D. Hairston
22 Attorney for Defendant
Melvin Ferrera
23
24
25
26
27
-3- 20302)3 1 14205.1
‘Son Francisco, CA 94108 EX PARTE APPLICATION FOR STAY OF EXECUTION
HIS) 7s4asine
CASE NO. CUD-12-641034
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IMO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-15-2012 10:19 am Case Number: CUD-12-641034 Filing Date: May-15-2012 10:18 Filed by: MICHAEL RAYRAY Juke Box: 001 Image: 03614750 EX PARTE APPLICATION FOR ORDER SHEILA YEE VS. MEI BIN et al 001003614750 Instructions: Please place this sheet on top of the document to be scanned.Thomas Mayhew (SBN 183539) tmayhew@fbm.com Amanda D. Hairston (SBN 251096) ahairston@!bm.com FARELLA BRAUN + MARTEL LLP 235 Montgomery Street. 7th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Attorneys for Defendant Melvin Ferrera (sued as “MEI BIN”) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SHEILA YEE, Case No. CUD-12-641034 wv aintiff, EX PARTE APPLICATION FOR STAY OF EXECUTION vs. (Sheriff's No: 2012397485) MEI BIN, and DOES | through X, Date: May 15, 2012 Defendants. Time: 11:00 a.m. Location: Department 501 Judge: Hon. Ronald E. Quidachay I, Melvin Ferrera, declare: 1. Tam a defendant in the above-referenced unlawful detainer action. 2. The facts set forth in this declaration are personally known to me. If called asa witness, I could and would competently testify as follows. 3. Tam scheduled to be evicted by the Sheriff on May 16, 2012. 4. T must have a stay of execution until 5:00 p.m. on May 22, 2012, so that I will not be evicted from my home with no place to go. 5. I request the Court take the following facts into consideration: I never received a copy of the April 5, 2012 3-day notice to pay rent or quit, the summons and complaint filed in this action, nor did I receive a copy of the pre-judgment claim form. The first time I learned about this case was May 2, 2012 when one of the other occupants of the property gave me a Notice to Vacate from the Sherriff's Office. All of the documents in this case are directed to “MEI BIN” 20302\3114205.1 EX PARTE APPLICATION FOR STAY OF EXECUTION CASE NO. CUD-12-641034we wn 28 Fanta Braue + Mame] LL 28 Somgonen, Strict 7h Flac SamFroncnca, CA 94H USHStelipn and do not refer to me by name. | am a monolingua! Spanish speaker and do not speak or read English. | first obtained legal assistance from the Eviction Defense Collaborative which helped me file a pro per application for stay on May 8, which was granted by this Court. The Eviction Defense Collaborative then referred me to the Homeless Advocacy Project to find an attorney to file a motion to vacate the judgment against me. | immediately contacted the Homeless Advocacy Project and they referred me to my current counsel. Since learning of this lawsuit, I have acted diligently in seeking legal representation to help me assert my rights. 6. 1 am willing to deposit into the Court the prorated daily amount of the monthly contract rent (i.e. $13.33) for the 7 days, $13.33 x 7 = $93.31. 7. On May 10, 2012, my attorney, Amanda D. Hairston, of Farella Braun + Martel LLP , on my behalf, spoke with Louis Zhang, who stated he was the representative for plaintiff Sheila Yee, and informed him that I would seek an order from the court for a stay of execution in the Unlawful Detainer Law and Motion Department of the Superior Court, Limited Jurisdiction, in Room 501, 400 McAllister St., San Francisco, California at 11:00 a.m. on May 15, 2012. 8. This declaration was translated for me into Spanish so I could understand its contents before | signed it. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on May 14, 2012, at San Francisco -2- 2030213114205.1 EX PARTE APPLICATION FOR STAY OF EXECUTION CASE NO. CUD-!2-64 10341 MEMORANDUM OF POINTS AND AUTHORITIES 2 All courts have the power to stay execution of judgments and orders. Code of Civil 3 | Procedure § 918 provides: 4 “(a) Subject to Subdivision (b), the trial court may stay the enforcement of any judgment or order. If the enforcement of the judgment or order would be stayed 5 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 beyond the last date on which a notice of appeal could be filed.” 6 7 8 Code of Civil Procedure § 1176(a) provides that a stay of a judgment in an unlawful 9 | detainer action shall be granted if the court finds that the moving party will suffer extreme 0 | hardship in the absence of such stay, and that the non-moving party will not be irreparably injured 11 4 by its issuance. 12 A defendant in an unlawful detainer action has thirty days from the entry of judgment to 13 | file an appeal. Cal. Rule of Court 102. In the instant case, judgment was entered on April 27, 14 | 2012. Based on the facts as set forth in Defendant's Ex Parte Application for Stay of Execution, 15 | and in view of the Court's authority and good cause for its exercise in this matter. defendant 16 | Melvin Ferrera respectfully requests that the Stay of Execution be granted until the time requested 17 | in the Application. 18 19 Dated: May 14, 2012 FARELLA BRAUN + MARTEL LL * /p Lavstor By: 21 anda D. Hairston 22 Attorney for Defendant Melvin Ferrera 23 24 25 26 27 -3- 20302)3 1 14205.1 ‘Son Francisco, CA 94108 EX PARTE APPLICATION FOR STAY OF EXECUTION HIS) 7s4asine CASE NO. CUD-12-641034