Legal Question in Real Estate Law in California

I just file a notice of motion to stay writ of possession of real property what do i do if the motion is denied?


Asked on 10/22/09, 4:51 pm

3 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

Base on my experience defending tenants in San Francisco and winning the housing justice award from the San Francisco Bar Association for my efforts either move out before the sherif moves you out or appeal the denial and get a stay pending appeal. This is probably difficult to do seeing as how you were unable to convince the lower court to stay the eviction. Plumas county is probably pretty conservative so you will need to have compelling reasons why a stay should be granted, like sick,or disabled tenant, children, lived there forever things like that would give the court reason to give you extra time to move out.

Good luck to you.

Read more
Answered on 10/22/09, 5:14 pm
Melvin C. Belli The Belli Law Firm

Base on my experience defending tenants in San Francisco and winning the housing justice award from the San Francisco Bar Association for my efforts either move out before the sherif moves you out or appeal the denial and get a stay pending appeal. This is probably difficult to do seeing as how you were unable to convince the lower court to stay the eviction. Plumas county is probably pretty conservative so you will need to have compelling reasons why a stay should be granted, like sick,or disabled tenant, children, lived there forever things like that would give the court reason to give you extra time to move out.

Good luck to you.

Read more
Answered on 10/22/09, 5:14 pm
Melvin C. Belli The Belli Law Firm

Based on my experience defending tenants in San Francisco and winning the housing justice award from the San Francisco Bar Association for my efforts either move out before the sherif moves you out or appeal the denial and get a stay pending appeal. This is probably difficult to do seeing as how you were unable to convince the lower court to stay the eviction. Plumas county is probably pretty conservative so you will need to have compelling reasons why a stay should be granted, like sick,or disabled tenant, children, lived there forever things like that would give the court reason to give you extra time to move out.

Good luck to you.

Read more
Answered on 10/22/09, 5:14 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California