Q: regarding landlord-tenent issues, can a motion to stay be used to get more time even if a stip was signed

A: In California, if you have already signed a stipulation agreeing to move out by a certain date, it can be very difficult to change or extend that date. A stipulation is a legally binding agreement between parties, and courts generally enforce these agreements.

However, in some limited circumstances, you might be able to file a motion to set aside the stipulation or request a stay of execution. Reasons the court might consider include:

1. Fraud, duress, or mistake: If you can prove that you were coerced, misled, or signed the stipulation by mistake, the court might set it aside.

2. Change in circumstances: If there has been a significant, unforeseeable change in your situation that makes it impossible for you to move out by the agreed-upon date, the court might consider modifying the agreement.

3. Unlawful provisions: If the stipulation includes provisions that violate the law, the court might refuse to enforce it.

Keep in mind that the court has discretion in deciding whether to grant such a motion, and you would need to present a compelling argument.

If you believe you have grounds to request a change to the stipulation, it's advisable to consult with a local tenant's rights organization or a lawyer specializing in landlord-tenant law. They can provide guidance specific to your situation and help you understand your options.

A: Thank you for asking the question!

Motion to stay means requesting the court to stop proceeding the case because the decision of another related case impacts this case, or the case is better to be litigated with another case rather than separately in this court.

When you stipulate in a case, it goes to the merit of the case, and it means it does not need to be litigated anymore unless the settlement is conditional and the condition is not satisfied. When the settlement is conditional, the aggrieved party can come back and open the case again, but this is different from motion to stay.

You can rescind or reform settlement agreement like any other contract. But, it seemed that more than you are having a legal issue with the settlement, you want to delay it. Probably after judge approves the stipulation, there is no time for bringing this motion.

This is merely discussion of general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.