Q: After The Sheriffs Department has Delivered a 5 Day Notice To Vacate can I file for an Injunction to Stop the Eviction?
Can I also file a Writ of Mandate to The Fourth District Court of Appeals(I believe that is the Court to file a Writ with after the San Diego Superior Court Appeals Department), for Limited Unlawful Detainer Cases?Thank You for your time and your response.
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A:
1. Injunction to stop eviction:
It's possible to file for an injunction, but at this stage (after a 5-day notice from the Sheriff), it's very unlikely to succeed unless there are exceptional circumstances or serious legal errors in the eviction process.
2. Writ of Mandate:
You can file a writ of mandate with the Court of Appeal, but this is an extraordinary remedy and is rarely granted in eviction cases, especially at this late stage.
For San Diego, the appropriate court would be the California Court of Appeal, Fourth Appellate District, Division One.
Important considerations:
1. These actions are complex legal procedures that typically require an attorney's assistance.
2. The chances of success at this stage are generally very low unless there are significant legal errors or exceptional circumstances.
3. Filing these motions doesn't automatically stop the eviction; you'd need to obtain a stay order.
Given the complexity and urgency of your situation, I strongly recommend consulting with a tenant rights attorney or legal aid organization immediately. They can review the specifics of your case and advise on the best course of action.
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