Stay Of Enforcement And Other Proceedings - Appeals In Civil Actions - Civil Procedure - CA

Section § 916

When you file an appeal in a lawsuit, it usually pauses any further action related to the decision you're appealing, including enforcing it. However, the trial court is still allowed to continue with anything else in the case that isn't directly tied to the appealed decision. If there's a delay on other things besides enforcing the decision, the court can still handle matters related to the enforcement and anything not directly linked to the part being appealed.

(a) Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.

(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from.

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Section § 917.1

If you appeal a court decision in California involving money or costs, enforcement of that decision won’t be paused unless you provide a financial guarantee, called an 'undertaking.' This guarantee is a promise to pay the amount if the appeal doesn't change the decision. The guarantee is usually for double the amount unless it's from an insurer, then it's 1.5 times the amount. The person guaranteeing can take over the proceedings if they pay what you owe. Costs awarded by the court in certain situations can affect the amount you need to guarantee, but some costs don't require this extra step.

(a) Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the following:

(1) Money or the payment of money, whether consisting of a special fund or not, and whether payable by the appellant or another party to the action.

(2) Costs awarded pursuant to Section 998 which otherwise would not have been awarded as costs pursuant to Section 1033.5.

(3) Costs awarded pursuant to Section 1141.21 which otherwise would not have been awarded as costs pursuant to Section 1033.5.

(b) The undertaking shall be on condition that if the judgment or order or any part of it is affirmed or the appeal is withdrawn or dismissed, the party ordered to pay shall pay the amount of the judgment or order, or the part of it as to which the judgment or order is affirmed, as entered after the receipt of the remittitur, together with any interest which may have accrued pending the appeal and entry of the remittitur, and costs which may be awarded against the appellant on appeal. This section shall not apply in cases where the money to be paid is in the actual or constructive custody of the court; and such cases shall be governed, instead, by the provisions of Section 917.2. The undertaking shall be for double the amount of the judgment or order unless given by an admitted surety insurer in which event it shall be for one and one-half times the amount of the judgment or order. The liability on the undertaking may be enforced if the party ordered to pay does not make the payment within 30 days after the filing of the remittitur from the reviewing court.

(c) If a surety on the undertaking pays the judgment, either with or without action, after the judgment is affirmed, the surety is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment, in all respects as if the surety had recovered the judgment.

(d) Costs awarded by the trial court under Chapter 6 (commencing with Section 1021) of Title 14 shall be included in the amount of the judgment or order for the purpose of applying paragraph (1) of subdivision (a) and subdivision (b). However, no undertaking shall be required pursuant to this section solely for costs awarded under Chapter 6 (commencing with Section 1021) of Title 14.

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Section § 917.2

This law says that if you're appealing a court order or judgment that involves handing over personal property or selling it, the appeal itself won't automatically pause the enforcement of that order. To delay action, you have to provide a guarantee, called an undertaking, which is a promise to follow the court's future decision and to prevent any damage to the property. If the appeal doesn't succeed or is dropped, you must pay for any damages or lost value because of the delay. The property can be put under court custody during the appeal. If the property is likely to spoil, the court can order its sale and hold the proceeds during the appeal. The court will consider these factors when deciding on the guarantee's conditions.

The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court if the judgment or order appealed from directs the assignment or delivery of personal property, including documents, whether by the appellant or another party to the action, or the sale of personal property upon the foreclosure of a mortgage, or other lien thereon, unless an undertaking in a sum and upon conditions fixed by the trial court, is given that the appellant or party ordered to assign or deliver the property will obey and satisfy the order of the reviewing court, and will not commit or suffer to be committed any damage to the property, and that if the judgment or order appealed from is affirmed, or the appeal is withdrawn or dismissed, the appellant shall pay the damage suffered to such property and the value of the use of such property for the period of the delay caused by the appeal. The appellant may cause the property to be placed in the custody of an officer designated by the court to abide the order of the reviewing court, and such fact shall be considered by the court in fixing the amount of the undertaking. If the judgment or order appealed from directs the sale of perishable property the trial court may order such property to be sold and the proceeds thereof to be deposited with the clerk of the trial court to abide the order of the reviewing court; such fact shall be considered by the court in fixing the amount of the undertaking.

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Section § 917.3

If you appeal a court decision that requires putting something into writing, you can't pause (or 'stay') the lower court's decision just by filing an appeal. However, you can delay enforcement if you execute the documents and leave them with the court clerk until the appeal is resolved.

The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the execution of one or more instruments unless the instrument or instruments are executed and deposited in the office of the clerk of the court where the original judgment or order is entered to abide the order of the reviewing court.

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Section § 917.4

If you appeal a court decision requiring you to sell, transfer, or give up real estate that you're currently holding, it won't automatically stop the enforcement of that decision. To delay it, you must provide a financial guarantee (undertaking) as set by the court. This ensures that while waiting for the appeal's outcome, you won't cause any damage to the property. If the original decision is upheld or if you abandon the appeal, you must compensate for any damage and loss of property use during the appeal. If the decision involves selling mortgaged property and covering any leftover debt, the guarantee must also promise to cover that debt.

The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the sale, conveyance or delivery of possession of real property which is in the possession or control of the appellant or the party ordered to sell, convey or deliver possession of the property, unless an undertaking in a sum fixed by the trial court is given that the appellant or party ordered to sell, convey or deliver possession of the property will not commit or suffer to be committed any waste thereon and that if the judgment or order appealed from is affirmed, or the appeal is withdrawn or dismissed, the appellant shall pay the damage suffered by the waste and the value of the use and occupancy of the property, or the part of it as to which the judgment or order is affirmed, from the time of the taking of the appeal until the delivery of the possession of the property. If the judgment or order directs the sale of mortgaged real property and the payment of any deficiency, the undertaking shall also provide for the payment of any deficiency.

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Section § 917.5

If you appeal a court decision that involves appointing a receiver (a person who manages property for the court), the decision will still go into effect unless you provide a guarantee (called an undertaking). This guarantee means that if you lose the appeal or abandon it, you'll cover any losses caused by delaying the decision.

The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from appoints a receiver, unless an undertaking in a sum fixed by the trial court is given on condition that if the judgment or order is affirmed or the appeal is withdrawn, or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment.

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Section § 917.6

If you're appealing a court decision that requires doing two or more things mentioned in Sections 917.1 to 917.5, the original decision will still be enforced unless you meet the specific requirements for each mentioned action in those sections.

The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the performance of two or more of the acts specified in Sections 917.1 through 917.5, unless the appellant complies with the requirements of each applicable section.

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Section § 917.7

If you file an appeal about a court decision related to child custody or visitation, the custody order won't automatically be put on hold. However, the court can choose to pause this order while the appeal is being reviewed. Also, decisions about letting a child move out of state are automatically paused for a short time after the judgment. This pause is 7 days if the decision comes from a juvenile court, and 30 days from other courts. There can be extended pauses if the court decides so. Orders for returning a child to another state or country are not held up automatically by these rules.

The perfecting of an appeal shall not stay proceedings as to those provisions of a judgment or order which award, change, or otherwise affect the custody, including the right of visitation, of a minor child in any civil action, in an action filed under the Juvenile Court Law, or in a special proceeding, or the provisions of a judgment or order for the temporary exclusion of a party from a dwelling, as provided in the Family Code. However, the trial court may in its discretion stay execution of these provisions pending review on appeal or for any other period or periods that it may deem appropriate. Further, in the absence of a writ or order of a reviewing court providing otherwise, the provisions of the judgment or order allowing, or eliminating restrictions against, removal of the minor child from the state are stayed by operation of law for a period of seven calendar days from the entry of the judgment or order by a juvenile court in a dependency hearing, or for a period of 30 calendar days from the entry of judgment or order by any other trial court. The periods during which these provisions allowing, or eliminating restrictions against, removal of the minor child from the state are stayed, are subject to further stays as ordered by the trial court or by the juvenile court pursuant to this section. An order directing the return of a child to a sister state or country, including any order effectuating that return, made in a proceeding brought pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code), the Parental Kidnapping Prevention Act of 1980 (28 U.S.C. Sec. 1738A), or the Hague Convention on the Civil Aspects of International Child Abduction (implemented pursuant to the International Child Abduction Remedies Act (22 U.S.C. Secs. 9001-9011)) is not a judgment or order which awards, changes, or otherwise affects the custody of a minor child within the meaning of this section, and therefore is not subject to the automatic stay provisions of this section.

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Section § 917.8

This law says that if you're appealing a case, it usually won't stop the current legal actions unless there's a special court order or a specific type of legal protection called a writ of supersedeas. There are exceptions. It won't stop the action if a person is found guilty of illegally holding a public office, if a company is ordered to allow someone to inspect its records, if a place is declared a nuisance and must close, or if a government agency's legal action grants specific relief, like an injunction.

The perfecting of an appeal does not stay proceedings, in the absence of an order of the trial court providing otherwise or of a writ of supersedeas, under any of the following circumstances:

(a) If a party to the proceeding has been adjudged guilty of usurping, or intruding into, or unlawfully holding a public office, civil or military, within this state.

(b) If the judgment or order directs a corporation, or any of its officers or agents, to give to a person adjudged to be a director, stockholder, or member of that corporation a reasonable opportunity to inspect or make copies of the books, papers, or documents of the corporation as the trial court finds that the director, stockholder, or member is entitled by law to inspect or copy.

(c) If a judgment or order adjudges a building or place to be a nuisance and, as part of that judgment or order, directs the closing or discontinuance of any specific use of the building or place for any period of time.

(d) If a judgment or order, including, but not limited to, a temporary restraining order or preliminary injunction, grants relief in an action brought by a governmental agency under the provisions of Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code.

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Section § 917.9

This law section explains that if someone appeals a court decision, the appeal will not pause the enforcement of the decision unless the court requires a financial guarantee, called an 'undertaking,' and it's provided. This is necessary if the original court decision involved the appellant (the person appealing) either possessing the other party's money or property, needing to do something for the other party's benefit, or being ordered to pay legal costs. The court decides how much the undertaking should be, and it must cover potential financial damages caused by delaying the judgment. These damages include losing access to money or property or repayment costs if the appellant loses the appeal.

(a) The perfecting of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8, inclusive, if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases:

(1) Appellant was found to possess money or other property belonging to respondent.

(2) Appellant is required to perform an act for respondent’s benefit pursuant to judgment or order under appeal.

(3) The judgment against appellant is solely for costs awarded to the respondent by the trial court pursuant to Chapter 6 (commencing with Section 1021) of Title 14.

(b) The undertaking shall be in a sum fixed by the court and shall be in an amount sufficient to cover all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment or order.

(c) The undertaking shall be in the sum fixed by the court. The undertaking shall be conditioned upon the performance of the judgment or order appealed from or payment of the sums required by the judgment or order appealed from, if the judgment or order is affirmed or the appeal is withdrawn or dismissed, and it shall provide that if the judgment or order appealed from or any part of it is affirmed, or the appeal is withdrawn or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment.

(d) For the purpose of this section, “damages” means either of the following:

(1) Reasonable compensation for the loss of use of the money or property.

(2) Payment of the amounts specified in paragraph (3) of subdivision (a).

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Section § 917.15

If you appeal a court decision related to actions required under specific health and safety laws, the appeal won't stop or delay the enforcement of that decision. This applies particularly to cases involving the cleanup of hazardous substances or compliance with specific safety standards.

The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from, or the administrative order which is the subject of the trial court proceeding, was issued pursuant to either of the following:

(a) Section 78870 of the Health and Safety Code and ordered a responsible party to take appropriate removal or remedial actions in response to a release or a threatened release of a hazardous substance.

(b) Section 25181 of the Health and Safety Code and ordered the party to comply with Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code or any rule, regulation, permit, covenant, standard, requirement, or order issued, adopted or executed pursuant to that Chapter 6.5.

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Section § 917.65

If you appeal a court's decision that allows someone to attach your property to secure a debt, that appeal doesn’t automatically stop the enforcement of the attachment order. To stop it, you must provide a financial guarantee, known as an 'undertaking,' equal to the amount the court decided could be attached. This financial guarantee ensures that if the order isn't overturned and the other party wins the case, you’ll pay whatever the court decides, including any interest. If you don’t pay within 30 days after the final court decision, the financial guarantor, or surety, can pay on your behalf and then has the right to collect that amount from you.

The perfecting of an appeal shall not stay enforcement of a right to attach order unless an undertaking is given. The undertaking shall be in the amount specified in the right to attach order as the amount to be secured by the attachment. The undertaking shall be on condition that if the right to attach order is not reversed and the plaintiff recovers judgment in the action in which the right to attach order was issued, the appellant shall pay the amount of the judgment, together with any interest which may have accrued. The liability on the undertaking may be enforced if the judgment is not paid within 30 days after it becomes final. If a surety on the undertaking pays the judgment, either with or without action, the surety is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment, in all respects as if the surety had recovered the judgment.

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Section § 917.75

If you appeal a court decision involving attorney’s fees or costs in a Family Code case, the appeal alone doesn’t pause the enforcement of that judgment unless you provide a financial guarantee, called an undertaking, under conditions set by the trial court.

The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court awarding attorney’s fees or costs, or both, if the judgment or order appealed from was rendered in a proceeding under the Family Code, unless an undertaking is given in a sum and upon conditions fixed by the trial court.

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Section § 918

This law lets a trial court pause the enforcement of a judgment or order. However, if a judgment can be paused during an appeal only after providing a security deposit (called an 'undertaking'), the court cannot extend the pause beyond 10 days without the other party's agreement. This rule holds whether or not an appeal will actually be filed or has been filed.

(a) Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order.

(b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.

(c) This section applies whether or not an appeal will be taken from the judgment or order and whether or not a notice of appeal has been filed.

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Section § 918.5

This law allows a court to temporarily pause the enforcement of a judgment if the person who owes money (the judgment debtor) has an ongoing legal case against the person they owe (the judgment creditor) about a disputed claim. The court will consider how likely the debtor is to win their other case, compare both the amount they owe and what they might win in the new case, and whether the creditor can pay if they lose the disputed claim.

(a) The trial court may, in its discretion, stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor.

(b) In exercising its discretion under this section, the court shall consider all of the following:

(1) The likelihood of the judgment debtor prevailing in the other action.

(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim.

(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim.

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Section § 919

This law allows a trial court to choose whether or not to require a bond or financial guarantee when someone like an executor or guardian, who is handling someone else's affairs, files an appeal. Essentially, the court has the flexibility to waive or reduce this requirement based on the circumstances.

The trial court may, in its discretion, dispense with or limit the security required by any section in this chapter, when the appellant is an executor, administrator, trustee, guardian, conservator or other person acting in another’s right.

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Section § 921

If you're appealing a court decision and have already secured a person's property (called levying an attachment), this property will not remain protected by the court during the appeal unless you promise in writing to cover any costs and damages if you lose. You need to do this quickly, within five days after being notified of the order. The court will decide how much money needs to be set aside as a security or bond, which should be double the amount you're claiming unless the court says otherwise. If the other party thinks this amount isn't enough, they can ask the court to increase it. If the court orders a higher amount, and you don't provide it within ten days, the property you attached will be released back to the owner.

An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on the part of the appellant that the appellant will pay all costs and damages which the respondent may sustain by reason of the attachment, in case the order of the court below is sustained in favor of the respondent; and unless, within five days after written notice of the entry of the order appealed from, the appeal is perfected. The amount of the undertaking on appeal required by this section shall be such amount as is fixed by the trial court on motion of the respondent as provided in Section 489.410 and if no such order has been made, the undertaking shall be in double the amount of the debt claimed by the appellant. If the respondent is not satisfied with the undertaking in double the amount of the debt or the amount fixed by order under Section 489.410, the trial court upon motion of the respondent made within 60 days after perfecting the appeal may order an increase in the amount of the undertaking in such amount as is justified by the detriment reasonably to be anticipated by continuing the attachment. If such an order is made, the attachment shall be discharged and the property released therefrom, unless the undertaking is executed and filed within 10 days after the order is made.

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Section § 922

This law says that if someone objects to a financial security (called an 'undertaking') required in a legal appeal, and a court agrees that the undertaking isn't enough, then the judgment being appealed can be enforced unless a sufficient new undertaking is provided quickly. Also, if property was seized to pay off the judgment, it won't be returned.

If an undertaking required or permitted by this title is objected to by the respondent and the court determines the undertaking is insufficient and a sufficient undertaking is not given within the time provided by statute, enforcement of the judgment or order appealed from is no longer stayed and property which has been levied upon under execution issued upon such judgment shall not be released from levy.

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Section § 923

This section basically says that a higher court or a judge can pause legal actions or change court orders while a case is being appealed. This can help keep things as they are until a final decision is made, or to support the court's authority.

The provisions of this chapter shall not limit the power of a reviewing court or of a judge thereof to stay proceedings during the pendency of an appeal or to issue a writ of supersedeas or to suspend or modify an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo, the effectiveness of the judgment subsequently to be entered, or otherwise in aid of its jurisdiction.

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Section § 936.1

If someone is appealing a decision in a civil commitment case or a similar situation and they would qualify for a court-appointed lawyer because they can't afford one, they need to start the appeal process by filing a notice that meets certain rules outlined elsewhere.

An appeal from any judgment or order in any civil commitment or other proceeding wherein the appellant would be entitled to the appointment of counsel on appeal if indigent shall be initiated by the filing of a notice of appeal in conformity with the requirements of Section 1240.1 of the Penal Code.

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Appeals In Civil Actions

Appeals in Civil ActionsStay of Enforcement and Other Proceedings