Stay of Appeals

Code of Civil Procedure Part 2, Title 13 deals with appeals in civil actions and Chapter 2 deals with a stay of enforcement and other proceedings in California.

Section 916 provides that the the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced or affected, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.

Section 917.1 states that, unless an undertaking is given, the perfecting of an appeal does not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the three specifies costs.

Section 917.15 prohibits the perfecting of an appeal from staying 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 two specified provisions of law.

Section 917.2 prohibits the perfecting of an appeal from staying 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, 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.

Section 917.3 prohibits the perfecting of an appeal from staying 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.

Section 917.4 prohibits the perfecting of an appeal from staying 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.

Section 917.5 prohibits the perfecting of an appeal from staying 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.

Section 917.6 prohibits the perfecting of an appeal from staying 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 law.

Section 917.65 prohibits the perfecting of an appeal from staying enforcement of a right to attach order unless an undertaking is given.

Section 917.7 prohibits the perfecting of an appeal from staying 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.

Section 917.75 prohibits the perfecting of an appeal from staying 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.

Section 917.8 prohibits the perfecting of an appeal from staying proceedings, in the absence of an order of the trial court providing otherwise or of a writ of supersedeas, under any of the four specified circumstances.

Section 917.9 prohibits the perfecting of an appeal from staying enforcement of the judgment or order in cases not provided for in law if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the three specified cases.

Section 918 allows the trial court to stay the enforcement of any judgment or order. If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court does 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.

Section 918.5 allows the trial court to stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor. The court must consider three specified conditions.

Section 919 authorizes the trial court to 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.

Section 921 provides that an appeal by a party who has levied an attachment cannot 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.

Section 922 states that, 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.

Section 923 specifies that the provisions of this chapter do not limit the power of a reviewing court or of a judge 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.

Section 936.1 states that 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 must be initiated by the filing of a notice of appeal in conformity with the requirements of the Penal Code.