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Eviction Delay Due To Surgery
Summary
In California, tenants facing eviction due to medical emergencies like surgery can request a temporary stay. Steps include contacting the landlord, filing a motion at the local courthouse, and attending a hearing. Medical documentation and a personal statement are crucial. Cite California Code of Civil Procedure § 1179 for legal grounds. Prepare a Points and Authorities section detailing your situation, legal basis, and supporting evidence. Consider consulting legal resources or an attorney for personalized advice.Full Conversation
West hollywood. California
In California, you may be able to request a stay of eviction due to medical reasons. Here are some steps you can take:
- Contact the landlord: Explain the situation and request an extension.
- File for a stay of eviction: Visit your local courthouse and file a request for a temporary stay of eviction due to medical hardship.
Would you like more details on how to file for a stay of eviction?
- Contact the landlord: Explain the situation and request an extension.
- File for a stay of eviction: Visit your local courthouse and file a request for a temporary stay of eviction due to medical hardship.
Would you like more details on how to file for a stay of eviction?
How to apply for temporary stay of eviction
To apply for a temporary stay of eviction in California, follow these steps:
*. Prepare Documentation: Gather medical records and any proof of your recent surgery.
*. Visit the Courthouse: Go to the Los Angeles County Superior Court.
*. File a Motion: Request a temporary stay of eviction citing your medical hardship.
*. Attend the Hearing: Be present and explain your situation to the judge.
Would you like more details on filing the motion?
Phone: (*) *-*
Website: www.lacourt.org
*. Prepare Documentation: Gather medical records and any proof of your recent surgery.
*. Visit the Courthouse: Go to the Los Angeles County Superior Court.
*. File a Motion: Request a temporary stay of eviction citing your medical hardship.
*. Attend the Hearing: Be present and explain your situation to the judge.
Would you like more details on filing the motion?
Los Angeles County Superior Court
Phone: (*) *-*
Website: www.lacourt.org
How to cite medical hardship
To cite medical hardship in your motion for a temporary stay of eviction, include the following:
- Medical Documentation: Attach records of your appendix surgery.
- Explanation: Clearly state how the medical condition affects your ability to move out.
- Request: Specify the additional time needed for recovery.
Would you like more details on how to format your motion?
- Medical Documentation: Attach records of your appendix surgery.
- Explanation: Clearly state how the medical condition affects your ability to move out.
- Request: Specify the additional time needed for recovery.
Would you like more details on how to format your motion?
Points and authorities using a medical hardship in eviction case
To draft a "Points and Authorities" section for a medical hardship in an eviction case in California, include the following:
*. Introduction:
- State the purpose of the motion (requesting a temporary stay of eviction).
*. Statement of Facts:
- Detail your medical condition and recent surgery.
- Explain why this affects your ability to comply with the eviction notice.
*. Legal Grounds:
- Cite relevant California statutes or case law supporting a stay of eviction due to medical hardship.
- Example: California Code of Civil Procedure § * provides relief for hardship situations.
*. Supporting Evidence:
- Attach medical records.
- Include a personal statement or affidavit detailing your condition and recovery needs.
Would you like a sample template for this section?
*. Introduction:
- State the purpose of the motion (requesting a temporary stay of eviction).
*. Statement of Facts:
- Detail your medical condition and recent surgery.
- Explain why this affects your ability to comply with the eviction notice.
*. Legal Grounds:
- Cite relevant California statutes or case law supporting a stay of eviction due to medical hardship.
- Example: California Code of Civil Procedure § * provides relief for hardship situations.
*. Supporting Evidence:
- Attach medical records.
- Include a personal statement or affidavit detailing your condition and recovery needs.
Would you like a sample template for this section?
Example of a case where a medical hardship like appendicitis
Based on your situation, here’s a more detailed breakdown for citing medical hardship like appendicitis in an eviction case in California:
Points and Authorities for Medical Hardship in Eviction Case
*. Introduction:
- State the purpose: "This motion seeks a temporary stay of eviction due to a medical hardship."
*. Statement of Facts:
- Detail your surgery: "On [date], I underwent an emergency appendectomy."
- Impact on eviction: "This surgery has significantly impeded my ability to comply with the eviction notice due to recovery requirements."
*. Legal Grounds:
- Cite California Code of Civil Procedure § *: "This statute provides relief for tenants facing hardship situations, including medical emergencies."
*. Supporting Evidence:
- Attach medical records: "Enclosed are my medical records from [hospital/clinic] documenting my appendectomy and recovery instructions."
- Personal statement or affidavit: "Attached is my affidavit detailing the impact of the surgery on my ability to vacate the property and the additional time required for recovery."
Would you like a sample template for this section?
*. Introduction:
- State the purpose: "This motion seeks a temporary stay of eviction due to a medical hardship."
*. Statement of Facts:
- Detail your surgery: "On [date], I underwent an emergency appendectomy."
- Impact on eviction: "This surgery has significantly impeded my ability to comply with the eviction notice due to recovery requirements."
*. Legal Grounds:
- Cite California Code of Civil Procedure § *: "This statute provides relief for tenants facing hardship situations, including medical emergencies."
*. Supporting Evidence:
- Attach medical records: "Enclosed are my medical records from [hospital/clinic] documenting my appendectomy and recovery instructions."
- Personal statement or affidavit: "Attached is my affidavit detailing the impact of the surgery on my ability to vacate the property and the additional time required for recovery."
Would you like a sample template for this section?
Yes
Here's a sample template for citing medical hardship due to an appendectomy in an eviction case:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: Request for Temporary Stay of Eviction Due to Medical Hardship
Case Number: [Your Case Number]
Presiding Judge: [Judge’s Name]
---
Points and Authorities
*. Introduction:
- This motion seeks a temporary stay of eviction due to a medical hardship.
*. Statement of Facts:
- On [date], I underwent an emergency appendectomy.
- This surgery has significantly impeded my ability to comply with the eviction notice due to recovery requirements.
*. Legal Grounds:
- Pursuant to California Code of Civil Procedure § *, this statute provides relief for tenants facing hardship situations, including medical emergencies.
*. Supporting Evidence:
- Enclosed are my medical records from [hospital/clinic] documenting my appendectomy and recovery instructions.
- Attached is my affidavitdetailing the impact of the surgery on my ability to vacate the property and the additional time required for recovery.
---
Would you like more specific guidance on any part of this process?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: Request for Temporary Stay of Eviction Due to Medical Hardship
Case Number: [Your Case Number]
Presiding Judge: [Judge’s Name]
---
Points and Authorities
*. Introduction:
- This motion seeks a temporary stay of eviction due to a medical hardship.
*. Statement of Facts:
- On [date], I underwent an emergency appendectomy.
- This surgery has significantly impeded my ability to comply with the eviction notice due to recovery requirements.
*. Legal Grounds:
- Pursuant to California Code of Civil Procedure § *, this statute provides relief for tenants facing hardship situations, including medical emergencies.
*. Supporting Evidence:
- Enclosed are my medical records from [hospital/clinic] documenting my appendectomy and recovery instructions.
- Attached is my affidavitdetailing the impact of the surgery on my ability to vacate the property and the additional time required for recovery.
---
Would you like more specific guidance on any part of this process?
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