Would it be correct to state that "hardship" does not come into play as to a Court's discretion to stay judgment pursuant to CCP 918. In other words, a CCP 918 motion is not necessarily based on hardship but is purely based on a judge's discretion, and that hardship motions are to be made pursuant to CCP 1179?
You are correct.
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. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Hardship is only one factor. They rarely grant a stay of an order or judgment unless there is irreparable harm and feel that an appeal may be meritorious.
This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.
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