Can a judge order a stay of enforcement of a judgment or order under Code of Civil Procedure section 918?

California, United States of America


The following excerpt is from People v. Superior Court (Brent), 2 Cal.App.4th 675, 3 Cal.Rptr.2d 375 (Cal. App. 1992):

"The trial judge has no inherent power to give a stay pending appeal, except to the extent permitted by statute. (Mannix v. Superior Court (1910) 157 C. 730, 731 [109 P. 264] ...)" (9 Witkin (Cal.Procedure (3d ed. 1985) Appeal, 176, pp. 188-189.) It appears clear to us that the stay ordered by the trial court, though not specifically so labeled, was a stay of enforcement of the judgment or order under Code of Civil Procedure section 918. 2 We do not find nor has petitioner pointed us to any other applicable stay provision. Nor do we find any authority to the effect that the granting of a section 918 stay tolls the time within which a notice of appeal, or in this case the writ petition, can be filed. The language of subsection (b) presumes the time is not tolled. "[A] trial court shall not have power ... to stay the enforcement ... for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed."

Other Questions


Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Is a superior court order directing disclosure of public records a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure? (California, United States of America)
Is a motion to vacate an order under section 473 of the Code of Civil Procedure filed before the date of the order? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
How to interpret the meaning of a section of the Civil Code of Civil Procedure when it comes to determining whether or not a specific clause in the Act is enforceable? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.