Does the automatic stay rule apply to an appeal from a non-appealable order?

California, United States of America


The following excerpt is from City of Whittier v. Southland Display Co., B255573, B257744, B260292 (Cal. App. 2016):

The purpose of the automatic stay rule is 'to protect the appellate court's jurisdiction by preserving the status quo until the appeal is decided. The rule prevents the trial court from rendering an appeal futile by altering the appealed judgment or order by conducting other proceedings that may affect it. [Citation .]' [Citation.]" (Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1427-1428.)

As discussed above, the order dated January 21, 2014 at issue in Case No. B255573 was not appealable. An appeal is not "perfected" within the meaning of section 916 if it is taken from a nonappealable order. (See People v. Adamson (1949) 33 Cal.2d 286, 289 ["Inasmuch as the purported appeal is from a nonappealable order, jurisdiction

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