Blank Pleading Template With Line Numbering -- Word

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF - Limited Civil Case -

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PLAINTIFF

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vs.

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DEFENDANTS) ____________________________________) TO: ALL PARTIES:

PLEASE TAKE NOTICE that on at , or as soon thereafter as the matter may be heard, in Department of the above entitled court, located at, pursuant to Code of Civil Procedure (CCP) Section 916(a) and 917.3, defendant, , will and hereby does request from the Court a stay of execution of judgement and of proceedings related to this Courts judgement dated, 2015. Dated:

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In Pro PerREQUEST FOR STAY PENDING APPEALPursuant to California Code of Civil Procedure (CCP) Section 916(a) and 917.3, defendant, , respectfully requests that the court stay this courts judgement dated 2015 and stay all proceedings that involve matters embraced in or affected by the judgement pending appellate review as discussed in more detail in the accompanying memorandum. A stay is appropriate because (i) defendants appeal will present serious questions and (ii) absent a stay defendant will suffer irreparable injury. In the alternative, in the event the court denies the request, defendant respectfully asks that the date of compliance with the courts judgement be extended to allow defendant to present the stay request to the appellate court and still have time to comply with the judgement, if necessary. Defendant therefore respectfully requests an extension of the judgements deadline to a date two weeks past the later of (a) the date of any order of this court denying defendants request for a stay of this courts judgement or (b) the date of any order of the appellate court denying any motion for a stay of this courts judgement.

Respectfully Submitted,

Date:

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In Pro Per

MEMORANDUM IN SUPPORTOn, 2015, defendant served and filed their Notice of Appeal of this cases final judgement entered on, 2015. This appeal addresses serious questions surrounding the interpretation of the agreement and the expiration of time afforded by the Statute of Limitations.

The appeal addresses questions of both law and fact such as for example: an essential element of plaintiffs claim for default in the terms of the agreement fails as the claim has exceeded the Statute of Limitations. An essential element for default in the terms of the agreement fails due to lack of a condition precedent. An essential element for a termination of the contract fails due to a lack of a condition precedent. An essential element granting a transfer of ownership of property to plaintiff fails due to a lack of a condition precedent. With the failure of these essential elements, plaintiff is not entitled to the relief afforded to it by the courts judgement, nor should the defendants be required to perform the actions as ordered by this judgement.

IRREPERABLE HARM TO DEFENDANTSIn this case, defendants have been order by the judgement to execute and record any and all documents necessary to release any perceived clouds on the title of the real property which is the subject of the action. In compliance with CCP 917.3, the defendants have deposited in the clerks office the necessary executed documents.

CCP 917.3 The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the execution of one or more instruments unless the instrument or instruments are executed and deposited in the office of the clerk of the court where the original judgment or order is entered to abide the order of the reviewing court.

If a stay is not granted, defendants will be irreparably harmed as plaintiff will conclude the sale of the property to an innocent private party. Either the purchaser of the property and the defendants will suffer irreparable harm if the stay is not granted and the sale is allowed to be concluded as inevitably, one of the two will lose their ownership and possessive rights to the property regardless of the outcome of the appeal.Plaintiff has already effected a change in title to the manufactured home and is currently undertaking court proceedings to eject all occupants of the property based on the judgement of this action. These proceedings have been initiated in order to meet the requirements to proceed with a short sale of the real property and effect a private sale of the manufactured home. A stay of these court proceedings should be granted under CCP section 916:CCP 916 (a)Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or orderEjectment from the property would not only be costly to the defendants but they would be unable to continue to live on acreage in the country which has been their standard of living for the past 25 years. This in turn would cause them to permanently dispose of many possessions that have been accumulated over the years including the irreparable loss of their two horses which have been a part of their family for 15 years. The costs involved with moving and the loss of possessions would be unnecessary should the appeal be granted in defendants favor. NO IRREPERABLE HARM TO PLAINTIFF

Plaintiff has made ongoing claims of eminent harm throughout this proceeding as well as several other proceedings. These claims state that any delay in the sale of the property would cause irreparable harm due to a threat of foreclosure on the property. These claims of immediate danger have been continuously made since inception of this case and have yet to come to fruition. In fact, it is noted that foreclosure proceedings have been suspended pending the resolution of this action and removal of any clouds on the title. Plaintiff also may avoid and remedy any perceived harm by making the required payments on her obligation to which the foreclosure is based. Plaintiff has also claimed eminent and irreparable harm should there be a delay in completing a short sale on the property. This claim has been made numerous times despite the fact that plaintiff has obtained repeated lender approval to commence a short sale. Plaintiff also has retained the same purchasing party despite the length of time of completion of the short sale as witnessed during plaintiffs property visits attended by the purchasing party. Plaintiff is not prejudiced as a new purchaser would not be needed to be found.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated:

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In Pro Per

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In Pro PerCase No:

NOTICE OF AND REQUEST FOR STAY OF EXECUTION OF THE JUDGEMENT AND OF RELATED PROCEEDINGS PENDING APPEAL; MEMORANDUM IN SUPPORT

Hearing Date:

Time:Dept:

Complaint Filed:

Trial Date:

Decision Date:

Judgment Entered:

4REQUEST TO STAY EXECUTION OF JUDGEMENT AND PROCEEDINGS PENDING APPEAL