2009 California Code of Civil Procedure - Section 916-936.1 :: Chapter 2. Stay Of Enforcement And Other Proceedings

CODE OF CIVIL PROCEDURE
SECTION 916-936.1

916.  (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.

917.1.  (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order or any part of it is affirmed or the appeal is withdrawn or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.

917.15.  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) Subdivision (a) of Section 25358.3 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.

917.2.  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.

917.3.  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.

917.4.  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.

917.5.  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.

917.6.  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.

917.65.  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.

917.7.  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 (42 U.S.C. Secs.
11601-11610)) 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.

917.8.  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.

917.9.  (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).

918.  (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.

918.5.  (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.

919.  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.

921.  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.

922.  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.

923.  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.

936.1.  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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