I need help with a writ of supersedes and a request for an imidate temporary stay

Question

I filed an Answer on 06/06/24 the plaintiff's attorney served me with a request to set trial on 06/07/24. Three days after my answer was filled on 06/09/24 the clerk rejected it for the following reason "Two parties are listed on number 1, but only 1 party and contact information is listed on upper left section" On that same day the Plaintiff filed a Request for Entry of Default and Clerks Judgment which the Clerk granted. I have made two Ex-Parte motions to set aside the default judgment each time bringing different facts, both were summarily denied. On 06/14/24 I filed a notice of appeal on the judge's order on 06/13/24 denying my motion. Finally, in an attempt to preserve the record, I filed an ex-parte motion to reconsider on 06/18/24 including the violation of CCP § 1169 and change in circumstance with lockout date of 06/19/24 still no ruling- There is also an injunction on the Plainff - Pac. Manufactured Homes v. M.A. Cirillo & Assocs., No. D080931 (Cal. Ct. App. Jan. 5, 2024)

James L. Arrasmith · Answer

I understand you're dealing with a complex legal situation involving an appeal and potential eviction. Here's a breakdown of the key points and some general guidance, but please note this is not legal advice: 
 
1. Timeline: 
   - 06/06/24: You filed an Answer 
   - 06/07/24: Plaintiff's attorney served a request to set trial 
   - 06/09/24: Clerk rejected your Answer; Plaintiff filed for default judgment (granted) 
   - 06/13/24: Judge denied your motion to set aside default judgment 
   - 06/14/24: You filed a notice of appeal 
   - 06/18/24: You filed an ex-parte motion to reconsider 
   - 06/19/24: Potential lockout date 
 
2. Writ of Supersedeas and Request for Immediate Temporary Stay: 
   These are tools to potentially pause enforcement of a judgment while an appeal is pending. They're typically used in urgent situations, like impending evictions. 
 
3. Next steps to consider: 
   - File your writ of supersedeas and request for immediate temporary stay with the appellate court as soon as possible. 
   - Clearly explain the urgency of your situation, especially the impending lockout. 
   - Include all relevant documentation, including your notice of appeal and the order you're appealing. 
   - Highlight any procedural irregularities or potential legal errors in the lower court's decision. 
 
4. Additional considerations: 
   - The injunction you mentioned against the plaintiff might be relevant to your case. 
   - The violation of CCP § 1169 you've raised could be important for your appeal. 
 
Given the complexity and urgency of your situation, it's highly advisable to consult with an experienced appellate attorney if possible. They can provide personalized advice and help ensure you're following all necessary procedures correctly.

Q: I need help with a writ of supersedes and a request for an imidate temporary stay