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1 TO PLAINTIFF:_________________________________ AND THEIR ATTORNEYS OF
2 RECORD:
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PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
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the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
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Defendant _____________________, will and does move the Court by ex-parte application for an
7 Order pursuant to Code of Civil Procedure 918 staying the execution of the judgment entered on
8 ________________ on the grounds that execution may be stayed because of the irreparable injury
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that defendant would suffer if the judgment were to be executed at this time in that LIST HERE
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THE SPECIFIC FACTS AND EVIDENCE SUPPORTING YOUR CLAIM THAT YOU WILL
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SUFFER IRREPERABLE INJURY SUCH AS THE JUDGMENT WAS OBTAINED BY
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13 DEFAULT AND YOU HAVE FILED OR WILL FILE A MOTION TO VACATE THE
19 Authorities in support thereof, the files and records of this case, the declaration of _____________,
20 and such other and further oral and documentary evidence as may be presented at the hearing.
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NOTE THAT THE COURT CAN ONLY GRANT A STAY FOR 10 DAYS AFTER THE
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DEADLINE FOR APPEALING A JUDGMENT UNDER CODE OF CIVIL PROCEDURE
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918(b). THE DEADLINE FOR APPEALING A LIMITED CIVIL JUDGMENT IS 30 DAYS
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1 ENTRY OF JUDGMENT UNDER CALIFORNIA RULE OF COURT 8.822(a) and (b), IF
2 NO NOTICE IS SERVED THE DEADLINE TO APPEAL IS 90 DAYS FROM THE DATE OF
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ENTRY OF JUDGMENT UNDER CALIFORNIA RULE OF COURT 8.822(c).
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THE DEADLINE FOR APPEALING AN UNLIMITED CIVIL JUDGMENT IS 60
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DAYS AFTER THE CLERK OR ANY PARTY SERVES A DOCUMENT TITLED NOTICE
8 NO NOTICE IS SERVED THE DEADLINE IS 180 DAYS FROM THE DATE OF ENTRY OF
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JUDGMENT UNDER CALIFORNIA RULE OF COURT 8.104(c).
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MEMORANDUM OF POINTS AND AUTHORITIES
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1 I.
2 STATEMENT OF FACTS
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This case involves __________________________________________. Judgment was
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entered on _________.
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Defendant is requesting ex-parte relief for an order staying the execution of the judgment
7 pursuant to Code of Civil Procedure 918 on the grounds that they would suffer irreparable injury if
11 https://legaldocspro.myshopify.com/products/sample-ex-parte-
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application-for-stay-of-execution-of-judgment-in-california
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