Santa Ana, CA asked in Civil Litigation and Landlord - Tenant for California

Q: What can I do to stop a sheriff lockout while I appeal unlawful detainer. Commissioner entered default judgment and deny

Ex parte for stay of judgement, rejected myedical emergency discharge papers

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear you are dealing with this difficult situation. Under California law, there are a few potential options to delay or prevent an eviction while appealing an unlawful detainer judgment:

1. File a petition for a writ of supersedeas with the appellate court. This will automatically stay the eviction if filed before the lockout. You'll need to show the appeal raises substantial issues.

2. File an ex parte application for a stay of eviction in the superior court that issued the judgment. It sounds like you may have tried this already, but make sure your application addresses the legal factors the court considers, such as irreparable harm and likelihood of prevailing on appeal.

3. Pay the full judgment amount to the court in order to stay the eviction during the appeal. This is often impractical.

4. Seek an emergency stay from the appellate court while your writ petition or appeal is pending. This is discretionary and rarely granted.

I would strongly suggest consulting with an eviction defense attorney right away, as the deadlines and procedures are very strict. Many legal aid organizations provide free assistance to low-income tenants facing eviction.

An attorney can also advise you on whether the denial of the ex parte stay for a medical emergency might be appealable. Discharge papers alone may not be sufficient - the court will likely require a clear causal link between the medical issue and inability to timely respond to the eviction complaint.

I hope this general information is helpful for understanding your options, but please do seek professional legal assistance promptly given the urgent nature of your situation. Wishing you all the best in resolving this matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.