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Stay of execution of judgment in California

A request for stay of execution of a civil judgment in California is the topic of this blog post. A trial court has the power to stay the enforcement of any judgment under Code of Civil Procedure section 918. For most judgments such as a money judgment the trial court can stay the enforcement for no more than 10 days beyond the last date on which a notice of appeal could be filed.

The importance of immediately seeking a stay of execution of any money judgment cannot be stressed enough as Code of Civil Procedure section 683.010 states that, “Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry.” Thus a judgment creditor can begin collection proceedings to enforce the judgment as soon as the judgment has been entered by the clerk of the court. In appropriate cases the moving party may wish to file an ex-parte application for a stay of execution.

Each case is unique and there are different deadlines for filing a notice of appeal for both limited civil case and unlimited civil cases and other differences as well. Examples of the different deadlines will be given below.

California Rule of Court 8.822 governs the deadline for filing a notice of appeal in limited civil cases.

For most limited civil cases in which the clerk of the court or any party has served a notice of entry of judgment on the defendant the deadline to file a notice of appeal is 30 days from the date that the notice of entry of judgment is served on the defendant.

For most limited civil cases if no notice of entry of judgment was served on the defendant the deadline to file a notice of appeal is 90 days from the date that the judgment is entered by the clerk of the court.

California Rule of Court 8.104 governs the deadline for filing a notice of appeal in limited civil cases.

For most unlimited civil cases in which the clerk of the court or any party has served a notice of entry of judgment on the defendant the deadline to file a notice of appeal is 60 days from the date that the notice of entry of judgment is served on the defendant.

For most unlimited civil cases if no notice of entry of judgment was served on the defendant the deadline to file a notice of appeal is 190 days from the date that the judgment is entered by the clerk of the court.

Although the trial court has the power to stay enforcement of the judgment whether or not a notice of appeal has been filed some judges will be much more likely to grant a stay of enforcement in the following situations:

The moving party had a judgment obtained against them through default and they have filed or will file a motion to vacate that judgment that shows valid grounds for vacating the judgment.

The moving party has already filed a notice of appeal or will file a notice of appeal and can show at least facially plausible grounds for appealing the judgment.

The moving party should include a detailed declaration with specific facts and evidence detailing the irreparable harm they will suffer if a stay of execution is not granted. Possible grounds could include that the judgment was obtained by default and the moving party has filed or will file a motion to vacate the judgment, enforcement of the judgment will cause the sale of a key asset of significant value, would destroy an ongoing business or would precipitate insolvency or bankruptcy.

Attorneys or parties in California that would like to view a portion of a sample 17 page ex-parte application for of execution of judgment containing includes brief instructions, a memorandum of points and authorities, sample declaration, sample declaration regarding ex-parte notice and proposed order sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit Subscribe to FREE weekly legal newsletter for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by visiting http://www.legaldocspro.com/products_main.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

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