6-28/530.00 Stay Order



The trial court may stay the enforcement of any judgment or order whether or not an appeal will be taken or notice thereof has been filed.  If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.  (CCP 918)  The trial court has discretion to stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor.  (CCP 918.5)  Court commissioners have the authority to issue stay orders.  (CCP 259)

A stay order does not in and of itself either mandate or authorize release of property already under levy, whether or not such property be in the levying officer’s possession.  If, however, a certified copy of a court order for release is received, the levying officer shall release the property under levy.  (CCP 699.060)