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."

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