Does a Pending Appeal Stay Enforcement of a Money Judgement?

Asked over 2 years ago - Los Angeles, CA

Does a pending appeal stay enforcement of a money judgement until the outcome of the appeal?

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Citations would be great!

Attorney answers (5)

  1. Catherine Elizabeth Bennett

    Contributor Level 15

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    Answered . 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... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . 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... more
  3. George William Wolff

    Contributor Level 13

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    Answered . Not unless the money awarded is for attorney fees and costs .



    WOLFFLAW
    (415)788-1881

    This is NOT legal advice, just a general discussion of the law, as we are not familiar with the specific... more
  4. Herb Fox

    Contributor Level 16

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    Answered . 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.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  5. Hans Albert Gillinger

    Pro

    Contributor Level 15

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    Answered . 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.

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