§7.09 Judgment Stayed Pending Appeal

Enforcement of a small claims judgment is automatically suspended, without the filing of a bond, until the expiration of the time for appeal. [CCP §116.810(a), (c).] Time for appeal is discussed in §7.06.

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If an appeal is filed, enforcement of the small claims court judgment is suspended unless the superior court [CCP §116.810(b)]:

• Dismisses the appeal because of delay or the failure of the appealing party to appear [see CCP §116.795], or
• Determines that the small claims court properly denied the defendant’s motion to vacate [see CCP §§116.730, 116.740].