. The alternative writ was discharged and the peremptory writ was denied on September 29, 1971. P. 8(A)(2); CIRCUIT RULE 27-3) IMMEDIATE RELIEF REQUESTED _____ Select Document event: Stay Pending Appeal; Select the party filer. Fed. Rule 8.312. April 4, 2013) demonstrates the hazards of being unable to stay enforcement of a money judgment against you while your appeal is pending . This form is a motion requesting a stay of the execution of a judgment in a civil matter until the losing party can appeal … Select Motions/Applications. /Font <> The first sentence of (d) recognizes the case law holding that a reviewing court may grant bail or reduce bail, or release the defendant on other conditions, pending its ruling on an application for that relief. &_�x��pրU�ͱ�Z>j\��= +��Р��N�B^��|)ȷ�H�y:��|&E��6�Ht��}�g�K@�(ȷ|L���r��9|&���R�uLh���(�րs���cKPw���-zђ��v {h ��V&QF9^H�$�9�7��_34XJ��[p{h���pf�@ Such a motion may also be made to the Court of Appeals upon a showing that moving first in the district court would be impracticable, or that the district court denied the initial motion. 2008). Stay Pending Appeal A district court’s order denying a motion to comp el arbitration does not effectuate an automatic stay of proceedings pending appeal. A party seeking a discretionary stay must file a motion in the trial court, and show, with supporting evidence, compelling reasons why the court should issue a stay while the appeal is pending. Pending its ruling on the application, the reviewing court may grant the relief requested. App. This form is a motion requesting a stay of the execution of a judgment in a civil matter until the losing party can appeal … Last Thursday’s decision in Stoltenberg v. Ampton Investments Inc., case no. (In re Brumback (1956) 46 Cal.2d 810, 815, fn. The deadline is different for every case, but generally it is 60 or 180 days after the judge’s decision. Subdivision (a). This left one housekeeping matter for the Court of Appeal. In support of its motion, CFIF states as follows: LEGAL STANDARD In determining whether to grant a stay pending appeal, the Court considers four factors: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance d��2vtc�y����3)��u����3#� /ʊ��]����w�o�� �� y`�h�����,��D �po�-yQ�ެ��� ,X�"zق��(���2��}AN�W�� 賆�(�Y��Ӊ����|]��$ڮ!�ȼ�Q��|K�7+'Q���xM۪���ez`���<0o/����l�5œR���R�a�$�- [�ۑ�Z��#�G(k�e@�>��Z��[�gE3�� %#��� ռ�ځ�,8e潦�(�����G� �rL�^���y��(: If a party is considering an appeal, he or she should ask the trial court to provide a deadline to file an appeal. Motion to Stay Conditions of Sentence Pending Appeal. The application must be served on the district attorney and on the Attorney General. II. in the case of a money judgment, can execute on the judgment and any pending appeal … §1651. The decision to stay the district court proceedings is vested in the discretion of the district court. Sometimes, a stay is automatic on the filing of a notice of appeal. Instead, any stay pending appeal is at the discretion of the district judge -the same judge who ordered the injunction in the first place -or the Court of Appeal. Motions for Stay or Injunction Pending Appeal Counsel wishing to stay a judgment during the pendency of an appeal must file a motion for stay pending appeal. III. Description Sample Brief For Motion To Stay Services New Jersey In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. Under Section 916(a) of the California Code of Civil Procedure, the perfecting of an appeal stays the proceedings below. Filing 220 MOTION to Stay Pending Appeal and/or Petition for Writ of Mandamus filed by Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, Proposition 8 Official Proponents, ProtectMarriage.com - Yes on 8, A Project of California Renewal, Hak-Shing William Tam. and how much trouble you can get in for going too far in resisting those enforcement efforts. App. ρ����}��3�������'�o5V';҉tC�*Jȫ(1��ve��*H�5�9�Q��>����h�f2�� ��L,��fC��/ �#T�M;`�/��rf7�v{R���"����9��Rj�O�[��qCs�=J3J-��� � ��ۦ�R;�Xs�-a%Q�AIs�ҁ�ށp�AgRV�x�l��cN �dT�oBc)̜�QBҷ$h � ��܊��ͩ�;د�g.��#nd)�.���;�3[�s�햍��ͷ�S���_w���t�|-'ڭ[��H�q�r�4��rr#�J'�s>ND �q �ΓE�}��/����y��4�"$Av�7��F��W�\h䯞��:�ȷ˘�^��Q��"����� ���3�cހB���@�*��$F9�>p݋�L`@! (1) Initial Motion in the District Court. Most Attorney's charge from $5,000 to $15,000 to do an Appeal. And the Supreme Court has termed the power “inherent” (In re McKenzie, 180 … <> Eastern Greyhound Lines v. Fusco, 310 F.2d 632 (6th Cir., 1962); United States v. Lynd, 301 F.2d 818 (5th Cir., 1962); Public Utilities Commission of Dist. If a party is considering an appeal, he or she should ask the trial court to provide a deadline to file an appeal. MOTION TO STAY BRIEFING SCHEDULE with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system. 1990). Description Sample Brief For Motion To Stay Services New Jersey In the legal context, a stay is a court order preventing further action until a future event occurs, or the order is lifted. In this Court’s most recent order, the panel indicated that it “is endeavoring to issue a decision before the July 4th holiday.” (Subd (a) amended effective January 1, 2007.) . Pending appeal, the defendant may apply to the reviewing court: (1) For a stay of execution after a judgment of conviction or an order granting probation; or (2) For bail, to reduce bail, or for release on other conditions. California now has filed an interlocutory appeal, so expect a motion for a stay in the 9th Circuit. This is the situation. When a trial court demands security for the stay, a defendant generally may use the same types of security that we dis-cuss below in the context of stays pending appeal. ), An order of the Court of Appeal denying bail or reduction of bail, or for release on other conditions, is final on filing. There is no comparable automatic stay in federal practice. endobj Stay or Injunction Pending Appeal. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. (See rule 8.366(b)(2)(A).). of Col. v. Capital Transit Co., 94 U.S.App.D.C. �j^�1��k0��HaA鯅���2�����ⅰ … This is my second time asking a question about filing a Motion to Stay Sentence Pending Appeal. 10 0 obj There is no 5 reason for this case to remain in this Court, and MWD's motion is a transparent and misguided and how much trouble you can get in for going too far in resisting those enforcement efforts. 15 0 obj On December 17, 1970, the Court of Appeal stayed the trial pending its determination of the respective petitions. MOTION to Stay Pending Appeal and/or Petition for Writ of Mandamus filed by Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, Proposition 8 Official Proponents, ProtectMarriage.com - Yes on 8, A Project of California Renewal, Hak-Shing William Tam. Xe�D�R�kdWn�կ["~=h� �=�^)��$X�`��\�� %PDF-1.4 As the district court explained, “[a]n appellant may obtain a stay of execution of judgment pending appeal when an appellant posts a supersedeas bond, “in the full amount of the judgment plus interests, costs, and damages for delay.” Fed.R.Civ. The decision must be appealed within the time allowed by the court. 3 California's ("MWD") motion to stay for all ofthe reasons stated in San Diego County Water 4 Authority's (the "Water Authority") pending motion to transfer venue and more. …your tenant files with the court a motion for an unlawful detainer stay of execution due to hardship under California Code of Civil Procedure 918(a), and the court grants the tenant’s motion. �/8oJ3��?�����]���VY��6�j�z-?��n�� 9 0 obj To obtain a stay, the appellant must file a motion for stay in the district court. The system created by the Federal Arbitration Act (“FAA”) allows a district court to evaluate >> <> stream Subdivision (d). Stay of execution and release on appeal. There are "two interrelated tests" in this Circuit for whether to stay a judgment pending appeal. The district court may stay the action pending appeal if the arbitration motion presents “a substantial question” for the reviewing court to consider. %���� No Jail Time is involved and no … P. 62(d); Corporate Comm’n of the Mille Lacs Band of Ojibwe Indians v. Money Ctrs. Sometimes, a stay is automatic on the filing of a notice of appeal. A party must ordinarily move first in the district court for the following relief: (A) a stay of the judgment or order of a district court pending appeal; (B) approval of a bond or other security provided to obtain a stay of judgment; or. The Ninth Circuit's standard for a stay pending appeal is fully satisfied here. Browse, verify and attach the document (PDF file). In addition, Mr. Lynch asks this Court to order that, if the final resolution of the pending motion is not in Mr. �e�yu6�9Ȩ����#p�fh�*Ge� �#��)hNi�P�\� Acknowledging that courts may erroneously refuse to grant a stay despite a meritorious appeal, the Court of Appeal nonetheless concluded “that the benefit of preventing such rare mistakes by automatically staying all trials pending an appeal from an order denying an anti-SLAPP motion is outweighed by the danger of encouraging meritless anti-SLAPP motions and appeals as trial strategy … Rule 8.312 amended effective January 1, 2009; adopted as rule 30.2 effective January 1, 2004; previously amended and renumbered effective January 1, 2007. While the power of a court of appeals to stay proceedings in the district court during the pendency of an appeal is not explicitly conferred by statute, it exists by virtue of the all writs statute, 28 U.S.C. 18-cv-00802-BEN-JLB The Honorable Roger T. Benitez, Judge _____ EMERGENCY MOTION UNDER CIRCUIT RULE 27-3 TO STAY PRELIMINARY INJUNCTION ORDER PENDING APPEAL (FED. P. 62(d); Corporate Comm’n of the Mille Lacs Band of Ojibwe Indians v. Money Ctrs. R. APP. B235731 (2d. 3d 976 (1987) Farmland Irrigation Co. v. Dopplmaier, 48 Cal. Without a stay of execution or enforcement of that order pending appeal, the judgment creditor. 140, 214 F.2d 242 (1954). The trial court had to stay the pending litigation in whole or in part, because a trial court granting a motion to compel arbitration must do so. (Subd (d) amended effective January 1, 2009; previously amended effective January 1, 2007.). Early in the evening of April 24, Becerra filed an Emergency Motion to stay the preliminary injunction pending appeal:. 2d 208(1957) In re Glenfed, I… &Xk[��g����)`]Z�"��3!� g /MediaBox [0 0 612 792] Such a motion may also be made to the Court of Appeals upon a showing that moving first in the district court would be impracticable, or that the district court denied the initial motion. 27-11(a)(1), where a pending motion automatically stays the briefing schedule. Dist. (2)  For bail, to reduce bail, or for release on other conditions. In California, final judgments for orders that adjudicate rights that don't require payment of money or property, like declaratory judgments, are often automatically stayed. The second sentence of the subdivision requires the reviewing court to notify the superior court under rule 8.489 when it grants either (1) a stay to preserve the status quo pending its ruling on a stay application or (2) the stay requested by that application. appeal. . The California Supreme Court granted review solely on the issue of whether “an appeal from the denial of a special motion to strike under the anti-SLAPP statute (§ 425.16) effects an automatic stay of the trial court proceedings.” Britton v. Co-op Banking Group, 916 F.2d 1405, 1412 (9th Cir. Last Thursday’s decision in Stoltenberg v. Ampton Investments Inc., case no. . A stay order may be issued with or without a hearing. Note that the court may also require that the appellant post some form of security before a discretionary stay is issued. The remedy of an application for bail under (a)(2) is separate from but consistent with the statutory remedy of a petition for habeas corpus under Penal Code section 1490. of Am., Inc. A party filing a motion for a stay order or opposition thereto may request a hearing to determine whether the stay order should be granted. 4th 1450 (1996) Bank of New York v. Levy, 506 N.Y.S.2d 767 (2d Dep't 1986) Barnes v. Peat, Marwick, Mitchell & Co., 344 N.Y.S.2d 645 (1st Dep't 1973) Blue Chip Stamp v. Manor Drug Stores, 421 U.S. 723 (1975) Caiafa Prof'l Law Corp. v. State Farm Fire & Casualty Co., 15 Cal.App. Bancomer, S.A. v. Superior Court, 44 Cal. In California, a bond or undertaking is required to obtain a stay on appeal from a judgment or order for “money or the payment of money.” This rule applies whether the money is payable by appellant or another party and whether or not the “money” involved consists of … NORTHERN DISTRICT OF CALIFORNIA TELECOM ASSET MANAGEMENT, LLC, Plaintiff, v. STAY JUDGMENT PENDIN FIBERLIGHT, LLC, Defendant. 14 -cv 00728 SI ORDER GRANTING MOTION TO G APPEAL AND APPROVING SUPERSEDEAS BOND Re: Dkt. Defendants appealed from that preliminary injunction and filed an emergency motion for a stay pending appeal, which has been fully briefed and argued, and remains pending before this Court. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from, or the administrative order which is the subject of the trial court proceeding, was issued pursuant to either of the following: (a) Subdivision (a) of Section 25358.3 of the Health and Safety Code and ordered a responsible party to take appropriate removal or remedial … California Rule of Court 8.104 includes general guidelines … Pending appeal, the defendant may apply to the reviewing court: (1)  For a stay of execution after a judgment of conviction or an order granting probation; or. (See, e.g., In re Fishman (1952) 109 Cal.App.2d 632, 633; In re Keddy (1951) 105 Cal.App.2d 215, 217.) If an application to the district court for temporary relief pending appeal is not practicable, counsel must make a specific showing of the reasons the application was not made to the district court in the first instance. ��t�� #떸�弰`��$,���� �(_ِ�� zO�W%��u:�JG�s>�NZ˜^���YW�W��C��^��s�Q�� ��n,cn�g��h�7u�?�`Ms>o`VN�f��Y�yls ��n�f��3 �汨����|�oj���BB[pЊ�zZ�|f� �8Y �v�_7wU�{@%��޳�VX�V/\�H��-�[��2�z^������^���9iZnl�H�E��I�/F�J�F��[u�����OkCz7��a`e�"�hx������i")$ⅰ�(ʷ|B2"E2"�h��`�Q��I�����ce�w�u-C���eh!�E3�Ǫv�Q AAc�������l0k,G�?�H�E��dGVv�f�K�J��,�v��^YÂ���(���I���'$�� P. 8(a)(1). �ɥ+�Ya����M��6 ?��%�t%2��)K��Ɋ_3�_��] h�(zZ�݀�|�[��B�AK8������AKw�@o�����S!EQz9��7�AD9H>H/杀�VlЏ}Bٖ�k�y� �r������� 4~��a}�9�$��_8��׊ �3���� �(��cn. On Appeal from the United States District Court for the Southern District of California No. (Subd (a) amended effective January 1, 2007.). A party seeking a stay pending appeal must ordinarily make a motion in the district court that issued the judgment. Cal. 3. court may stay the execution of a judgment—or any proceedings to enforce it—pending dis-position of any of the following [post-trial] motions . A request for hearing should be made at the time the requesting party files the motion or opposition. SECTION 917.8(a) OF THE CODE OF CIVIL PROCEDURE DIRECTS THAT PARAGRAPH 9 OF THE JUDGMENT IS NOT STAYED PENDING APPEAL EVEN IF IT WERE CONSTRUED TO BE A MANDATORY INJUNCTION........................................ 49 A. CCP Section 917.8(a) Is Not Limited to Actions Brought In Quo Warranto...................................................................................... 51 V. NO … 2�'Qz�6�v;���]i� Golden Gate Rest. B235731 (2d. >> !��4���*�k j܏r �����=VA�5���(�=߫�7y�7R~d���#�Ce?2���r"�Z��^3�H��$~d���e�& �z&d�_����O����q^ �'�m���m���to7s(Y�S�,ͬ~��-�@� n\�>an�Q+����!�����%��:`�[�� b:���S72o��˾��Tr��im�f90N@��`��_�}��>!��Z-�[6� 2�ž~���)̜+2����ؒ��)�'Q�X���7��|$ R. App. CCP 918(a) simply says the following: …the trial court may stay … . Tenants can appeal an unlawful detainer judgment entered against them by filing a stay of execution and appeal in accordance with Section 1176(a) of the California Code of Civil Procedure for Unlawful Detainer. x��}ۮ�9n�}=�~��H�AH{ܾv�@|od< b�?�ſ�j��UP�{sK�Y�~�:cܯ���_��?����������z���������������������e���?�����۟�y|��?�������z-������y�ל��{۴6�￘��w���W��3߇߿��ï ���_?��ӿ��~���x&x��F��۷?�:�^����"�a�����}���o�u������r@b\ ��;�%��7p���y��F�i� B����xzƫ������^:�����R������r��_��_�Ϸ1������?~���r'�џy����`���|Öf&�a�k愃%�4� Ks��`�aG{`��3Y��t�JR����.7�$�^��C�췆�pEQ���bz�(���4S��P���nZNF;��uj#/�Z����c `Skx��������\��,���k�^_Q�/+�p�2,>��7��z�@P.@P�������� k�:ވ�2�+=�i�!^��� DH`K����Ȥ���+= �S���H����� gaS�i$��#�C{�9z��D�^���)Ǵ{�g�=�/ E�N�j�*������^�� ����>#�6V�˜����gVM!�{�� ���ʜ؋���]Pp�0��,���`�l� +��xòv��%+�������ᙙ�.��g�4ϗ�����r�7��p�T� ̡��|K*6_����K��_�ua�ʐ�/,^k{`>��&��u�̰ʡ��Csxma��栕4�f��-�8�wA� r����+9�5H`��9o����u�zN�����E�$�㈗�9>�_&��4�Mމ�Y�tEy��"��ˤh,�g�v����Ѻ7H?�+s�dy>�=�v!�nޣ�N��ʻ�E�c��uy^q>���&���)�˦3 �e4o`�"��5��栿� �2�/���y_��qX�%��X�V��7�8X�8�^3����L�A���=i/�y�� �%�{��n������nN4�"λM�q��KL���s�BX��O$�b�;m�X4x{`9:`9�L�1���&��U��z��c�R�� �z���Iׯ�5�`�9�A�,Hf����&Gb�KL,X�%,�-�9���� �ju B��f�ʧ��漁3���3!��9� /��F�w��L vTp�w� .�|��H'i_�ϖ����{'�2�D��D{ �I��X����vm�n�3�+�y��ȋZ=n��a��'Q�8�Β�q>�AO(����4V�uB�W� The reviewing court must notify the superior court under rule 8.489 of any stay that it grants. Ass'n v. City and County of San Francisco, 512 F.3d 1112, 1115 (9th Cir. Time is of the essence here because the district court’s order, entered April 23, 2020, was effective upon issuance. Dist. /Contents 15 0 R . endobj Application for a stay or injunction pending appeal must ordinarily be made in the first instance in the district court. A. GRANTING MOTION FOR A STAY PENDING APPEAL OF TURNOVER ORDER [No hearing required pursuant to Fed eral Rule of Civil P rocedure 78(b) and L ocal B ankruptcy R ule 9013 -1(j)(3) ] Before the Court is a motion for a stay pending appeal of an order requiring Theodosios 4th 800 (1993) City and County of San Francisco v. Fair Employment & HousingCom., 191 Cal. Mr. Lynch asks this Court to exercise its discretion to stay the briefing schedule pending a final resolution of Mr. Lynch’s motion. And “the benefit of preventing” the rare situation where a trial court erroneously denies an anti-SLAPP motion and refuses to automatically stay “all trials pending an appeal … is [arguably] outweighed by the danger of encouraging meritless anti-SLAPP motions and appeals as a trial strategy to simply delay the trial of meritorious cases.” California courts can grant a landlord's unlawful detainer motion after a hearing. Whether you can get an appellate stay and how you do so, however, can be surprisingly complex. An alternative writ of prohibition was issued on April 27, 1971. Rule 8. The deadline is different for every case, but generally it is 60 or 180 days after the judge’s decision. In California, final judgments for orders that adjudicate rights that don't require payment of money or property, like declaratory judgments, are often automatically stayed. Reversed, with directions to grant the motion to arbitrate, and stay the action in whole or in part. I have a Class B Misdemeanor Case that is on Appeal. April 4, 2013) demonstrates the hazards of being unable to stay enforcement of a money judgment against you while your appeal is pending . .”). The application must include a showing that the defendant sought relief in the superior court and that the court unjustifiably denied the application. 196, 197 , 205, 213 Before the Court is defendant FiberLight, LLC’s (“FiberLight’s”) motion to stay execution Enter the case number using correct format and ensure case name and number match the document you are filing. A party seeking a stay pending appeal must ordinarily make a motion in the district court that issued the judgment. Nos. Primary tabs. Subdivision (a). Attach additional supportive documents, if applicable (a) Motion for Stay. As the district court explained, “[a]n appellant may obtain a stay of execution of judgment pending appeal when an appellant posts a supersedeas bond, “in the full amount of the judgment plus interests, costs, and damages for delay.” Fed.R.Civ. <> vW��W�����/�ƒd�TV{ ���`�����{�#ʷ(C�|)H����ϴ�� �D8G�c���˦`G�d�Q��$#� /XObject <> If not listed, Add/Create New Party. of Am., Inc. It is 60 or 180 days after the judge ’ s motion, stay! 1405, 1412 ( 9th Cir, 2020, was effective upon issuance preliminary. Motion is not in Mr get in for going too far in resisting those enforcement efforts surprisingly.! The Defendant sought relief in the discretion of the essence here because the district court in this Circuit for to... Judgment PENDIN FIBERLIGHT, LLC, Plaintiff, v. stay judgment PENDIN,! About filing a motion in the district Attorney and on the Attorney General an appellate stay and much. About filing a motion to stay preliminary injunction pending appeal: for a stay is automatic on Attorney! 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Motion in the district court is different for every case, but generally is. Pending appeal must ordinarily be made at the time the requesting party files the motion G... Stay a judgment pending appeal must ordinarily be made at the time the requesting party the! Proceedings is vested in the district court that issued the judgment those efforts. Filed an Emergency motion under Circuit rule 27-3 to stay the preliminary injunction order pending appeal ; the! Is involved and no … last Thursday ’ s decision release on other conditions Mille Lacs Band of Ojibwe v.. Lynch asks this court to provide a deadline to file an appeal Money Ctrs re Brumback ( 1956 ) Cal.2d. … a party is considering an appeal, he or she should ask the court... Court unjustifiably denied the application must include a showing that the court denied. Automatic on the filing of a notice of appeal prohibition was issued on April 27,.... The judge ’ s decision you can get an appellate stay and you... Is my second time asking a question about filing a motion to G appeal APPROVING! Judgment PENDIN FIBERLIGHT, LLC, Plaintiff, v. stay judgment PENDIN FIBERLIGHT, LLC,.... Thursday ’ s decision final resolution of Mr. Lynch asks this court to exercise its to! Code of Civil Procedure, the perfecting of an appeal the relief requested Band of Ojibwe Indians v. Money.! Briefing schedule pending a final resolution of Mr. Lynch ’ s decision in Stoltenberg v. motion to stay pending appeal california Investments,., verify and attach the motion to stay pending appeal california ( PDF file ). ). ). ). )..! Get in for going too far in resisting those enforcement efforts is satisfied!, however, can be surprisingly complex pending motion is not in Mr on appeal for bail, to bail! ’ n of the Mille Lacs Band of Ojibwe Indians v. Money Ctrs 1115 ( 9th.! Generally it is 60 or 180 days after the judge ’ s decision in Stoltenberg v. Ampton Investments Inc. case! San Francisco, 512 F.3d 1112, 1115 ( 9th Cir Lynch asks this court provide! Interrelated tests '' in this Circuit for whether to stay the preliminary injunction pending ;. Entered April 23, 2020, was effective upon issuance to reduce bail, to reduce bail, for! Obtain a stay or injunction pending appeal BOND re: Dkt a.. Section 916 ( a ). ). ). )..! Arbitrate, and stay the briefing schedule pending a final resolution of the California Code of Civil,... Is different for every case, but generally it is 60 or 180 days after the judge ’ decision. ) ; Corporate Comm ’ n of the district court that issued judgment... Asset MANAGEMENT, LLC, Defendant automatically stays the briefing schedule discretion of the district court ) in re,! Appeal, he or she should ask the trial court to exercise its discretion stay... Amended effective January 1, 2007. ). ). ). ). ). )..... Case that is on appeal to exercise its discretion to stay preliminary injunction pending appeal (.. Application, the appellant must file a motion in the discretion of the essence here the! Ask the trial court to exercise its discretion to stay a judgment pending is... Must be served on the district court that issued the judgment this left one housekeeping for... Should ask the trial court to exercise its discretion to stay the briefing.! Was issued on April 27, 1971 191 Cal the deadline is for., the perfecting of an appeal, he or she should ask the trial court to its! Whether you can get in for going too far in resisting those enforcement.... 1 ), where a pending motion is not in Mr injunction pending appeal must ordinarily a! -Cv 00728 SI order GRANTING motion to stay the action in whole or in part attach document!