§6.12 Stay of Execution and Appeal

The defendant may request a stay of execution of the judgment whether or not an appeal is taken. [CCP §918(a), (c).] You may stay execution of the judgment for up to 40 days without the landlord’s consent in a limited civil case (or up to 70 days in an unlimited case). [See CCP §918(b); CRC 8.104(a), 8.751(a).] It is a common practice in some courts to require a tenant claiming hardship to pay into court the daily rental value for the length of the stay. [See CCP §1176(a).]

Related procedures govern stays of unlawful detainer judgments pending appeal. The following conditions apply [CCP §1176(a)]:

• There is no automatic stay on appeal.
• A request for a stay must first be directed to the judge who rendered the judgment.
• A stay must be granted if the judge finds that (1) the moving party will suffer extreme hardship if no stay is granted and (2) a stay will not irreparably injure the nonmoving party.
• Denial of a stay is reviewable by writ.
• Any stay is subject to any conditions the court deems just.
• Any stay must be conditioned on payment of the reasonable monthly rental value to the court each month in advance.

Appeals from UD actions are governed by CCP §§901–923. [See CCP §1178; Anchor Marine Repair Co. v Magnan (2001) 93 CA4th 525, 528–530.]

REFERENCE >> For a discussion of the trial court’s role during an appeal, see California Judges Benchbook: Civil Proceedings—After Trial, chap 10 (Cal CJER 1998).