Sample Motion for Relief From Lease Forfeiture in California eviction under CCP section 1179
This sample motion for relief from a lease forfeiture in California eviction is filed pursuant to Code of Civil Procedure section 1179 on the grounds that the defendant will suffer great hardship if not relieved from forfeiture, and that their failure to comply with the conditions and covenants of the lease was not willful or in bad faith. The sample motion also requests in the alternative for an order staying execution of the judgment pursuant to California Code of Civil Procedure section 918 on the grounds that defendant will suffer extreme hardship if compelled to vacate the premises immediately. The sample has been revised and updated as of January 2017, is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. 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.