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How can i find out if a judgment in a civil case is still in effect once an appeal has been filed or whether it is “on hold" ?

Mountain View, CA |

RE: stay on an appeal in a civil case in san francisco , CA.

Attorney Answers 4

Posted

Generally speaking, the filing of a notice of appeal does NOT stay the enforcement of a judgment, unless the appellant either makes a motion to the court for a stay order or posts a bond. Therefore, you should assume that the judgment is in effect and fully enforceable.

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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

Mr Chen is correct. The existance of the bond or order would be in the court file.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

My colleagues are correct as to the great majority of civil judgments. Where money is the judgment, there is no stay on enforcement (i.e., collection) unless an undertaking (deposit) is made by the appellant in the amount stated in the statute. However, in the off chance that you are asking about some other kind of judgment you should look at California Code of Civil Procedure sections 917.15. 917.2, 917.3, 917.4, and 917.6. Slightly different rules apply.

One concern I have with the question is that it suggests you think that when a judgment is appealed it isn't "in effect." To clarify that which might be a misunderstanding, the judgment is the law of the case and is "in effect" unless disturbed by the appellate court. There is a difference between your ability to collect on a judgment and it being "in effect." For instance, for purposes of answering questions on loan applications, the stay does not mean you can represent you have had no judgments entered against you. The judgment is pending, but collection cannot occur unless and until the appellate court rules on the appeal. Perhaps I am being too hyper-technical, but I did not want you to misunderstand our answers.

Good luck to you.

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Posted

As an appellate law specialist with 25 years of experience, I would not even begin to be able to answer your question without knowing what kind of judgment (money, injunction, etc.) is being appealed. Different rules apply to different types of judgments.

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3 comments

Michael Charles Doland

Michael Charles Doland

Posted

A very cogent observaiton. Thank you.

Asker

Posted

it is an employment-type class action lawsuit with penalties already assessed by judge on employer for non-payment of wages and commissions on time .

Herb Fox

Herb Fox

Posted

If there is a court judgment ordering the payment of money to the class members, the defendant/employer must post a bond or other form of undertaking in order to effect a stay of execution while the appeal is pending. If there is no bond or other undertaking, the plaintiffs are free to enforce the judgment while the appeal is pending. You should consult with class counsel about the status of the case.