RE: stay on an appeal in a civil case in san francisco , CA.
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.
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.
Employment / Labor Attorney
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.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.