sample stipulation and order for stay of eviction in california
DESCRIPTION
This sample stipulation and order for stay of eviction in California is used when both the plaintiff and defendant agree that the defendant will not be evicted until a certain date in exchange for paying a specified amount of money to the plaintiff. The sample contains brief instructions and can be easily modified. The author is a freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.TRANSCRIPT
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Any Attorney or PartyAny StreetAny Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of CaliforniaFor the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
)))))))))))))))
Case No.
STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT
THE PARTIES HEREIN STIPULATE AS FOLLOWS:
THAT the Sheriff’s Office of the County of _______ be ordered to stay execution on
the above-entitled action until __________.M on _______ for possession of the premises located at
____________________________, on condition that Defendant ________ shall have deposited with
the Clerk of the Court, Receipt Number ________ the sum of $________, per day for a total sum of
$________ to cover a time period of ___ days. Said deposit shall be indicated by entry of receipt
number on this order, the application of the Official Seal and file stamp. That is shall be further
ordered that the Clerk of the Court shall remit to the Plaintiff said sums forthwith.
- 1 -STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT
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2. This stipulation and order may be executed in sub-parts, and facsimile and electronic
signatures shall have the same force and effect as original signatures.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remove this notice and all other notices
before using this document.
APPROVED AS TO FORM AND CONTENT:
Dated________________ ________________________________________________ Plaintiff, _____________________ Dated________________ ________________________________________________
Defendant, ____________________
PURSUANT TO THE STIPULATION OF THE PARTIES HEREIN, THE COURT
ORDERS, ADJUDGES AND DECREES AS FOLLOWS:
IT IS FURTHER ORDERED THAT the Sheriff’s Office of the County of _______ is hereby
ordered to stay execution on the above-entitled action until __________.M on _______ for
possession of the premises located at ____________________________, on condition that Defendant
________ shall have deposited with the Clerk of the Court, Receipt Number ________ the sum of
$________, per day for a total sum of $________ to cover a time period of ___ days. Said deposit
shall be indicated by entry of receipt number on this order, the application of the Official Seal and
file stamp. It is further ordered that the Clerk of the Court shall remit to the Plaintiff said sums
forthwith.
Dated:___________________ ________________________________________________JUDGE/COMMISSIONER OF THE SUPERIOR COURT
- 2 -STIPULATION AND ORDER FOR STAY OF EXECUTION OF JUDGMENT