Does a pending appeal stay enforcement of a money judgement until the outcome of the appeal?
Citations would be great!
Construction / Development Lawyer
Not unless the money awarded is for attorney fees and costs .
This is NOT legal advice, just a general discussion of the law, as we are not familiar with the specific documents and facts of your case, etc. Please consult with a competent attorney in this area of the law for specific legal advice regarding your particular case, as the advice may vary depending on the facts.
Generally speaking, no. Depending upon your situation, see the following:
Regarding when perfecting of an appeal stays enforcement of trial court judgment or order, see California Code of Civil Procedure § 916.
Regarding when perfecting of appeal does not stay enforcement of trial court judgment or order, see California Code of Civil Procedure §§ 917.1 to 917.9.
Regarding an undertaking required to stay enforcement of trial court judgment or order pending appeal, see California Code of Civil Procedure § 917.9.
On the topic of the power of the court to stay enforcement of any judgment and time limitations, see California Code of Civil Procedure § 918.
Stay of enforcement of judgment or order because of action pending on disputed claim between judgment debtor and creditor, see see California Code of Civil Procedure § 918.5.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
The appeal itself does not stay enforcement. You can obtain a stay by posting an appropriate bond or undertaking. Bonds can be expensive, and if you are not creditworthy you may not be able to secure one.
I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.
As you can see from my colleagues' answers, the short answer is is that there is no automatic stay, but there are many qualifications to that rule and many ways to create a stay. You should consult with an appellate specialist.
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Education Law Attorney
No, generally not. You can file a motion to stay enforcement pending appeal with either the trial court or court of appeal. You will likely need to make a showing to the court of probability of success on appeal or some other good reason for the court to issue a stay of this type. Good luck.