QUESTION

If I need to file a motion for a stay and the requirements is to file motion at least 48 hours before lock out, does it include weekdays and holidays?

Asked on Dec 22nd, 2016 on Landlord and Tenant Law - California
More details to this question:
Was served a lock out notice Wednesday at 4:10 notified landlord attorney I would be filing the motion for a stay within 24 hours of the call as required by county. The court closes at 4 today Thursday. I did not file motion because the required 24 hours had not passed. I will file first thing in the morning. The lock out date is Tuesday at 06:00am. The requirement is to file motion at least 48 hours before lock out. How does that work with weekend and holiday falling on 3 of the 5 days I was given to leave? I was worried won't get a hearing in time for the stay.
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1 ANSWER

Since it is already Saturday, my advice doesn't matter as you are too late if you have not already filed. You questions can not be posted immediately and there is a time lag before any attorney sees it and can respond. If you must file 48 hours in advance, that means at least two full court days [so the other side can prepare, which it is assumed not to be able to do on non-work days]. ?So with an eviction set for Tuesday morning, you would have had to file before the clerk's office closed on Thursday. You apparently wanted to give the landlord's attorney the least amount of time so did not file within the 24 hours, but you got caught not knowing the law and thinking it out. ?If you could count the weekends, you would be able to personally serve the landlord's attorney on Saturday, when they probably would not be in their office, so obviously to be fair you can not count the weekend days as part of the 48 hours. Most courts hear such ex parte motions in the mornings, so following you scheme would have meant a hearing on Monday morning which would give the court only until the afternoon to issue a written order to the sheriff to halt the eviction. When you try to be unfair to the other side, often you burn yourself.
Answered on Feb 20th, 2017 at 7:12 AM

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