What is a Motion to Stay Execution?

A court has the power to stay execution of a judgment where the judgment debtor has another action pending on a disputed claim against the judgment creditor. (Erlich v. Super. Ct. (1965) 63 Cal.2d 551 [47 Cal.Rptr. 473, 407 P.2d 649].) “The rationale for this rule is based on equitable principles for to hold otherwise unfairly deprives the judgment debtor of not only his right of set-off, but with an impecunious creditor, the right to receive any recovery whatsoever.” (Id. at p. 555.)

Legal Standard

The trial court may stay the enforcement of any judgment or order. (Code of Civ. Proc., § 918(a).) This seemingly global power, however, has limits. (Code of Civ. Proc., § 917.1(a)(2).) Money judgments for statutory costs can only be effectively stayed with the filing of an undertaking; otherwise, trial courts can only give brief (10 day) stays. (Sharifpour v. Le (2014) 223 Cal.App.4th 730, 733-734.)

The trial court has broad discretion to order a stay of enforcement. (Erlich v. Super. Ct. (1965) 63 Cal.2d 551, 556.) In exercising its discretion to stay the enforcement of a judgment, the court must consider the likelihood of the judgment debtor prevailing in the other action and the financial ability of the judgment creditor to satisfy a judgment on the disputed claim if such should be rendered. (Airfloor Co. of California, Inc. v. Regents of University of California (1979) 97 Cal.App.3d 739, 741.)

Useful Rulings on Motion to Stay Execution

Recent Rulings on Motion to Stay Execution

1-25 of 10000 results

THE CITIES OF DUARTE VS STATE WATER RESOURCES CONTROL BOARD AND CITY OF GARDENA VS REGIONAL WATER QUALITY CONTROL BOARD

Stay of Enforcement of Court’s Judgment The Court is inclined to stay enforcement of its judgment pending appeal. The Court is persuaded that the status quo should be maintained pending appeal so that any different relief granted by the Court of Appeal is not rendered illusory, and to avoid interfering with those parts of the Permit which may have been successfully implemented by some cities affected by the Permit.

  • Hearing

    Jun 20, 2021

LOREN NAUTA V. SUSAN MURPHY

In the interim, Nauta filed a “Supplemental Opposition to Motion for a Change of Venue and Notice of a Stay,” on December 23, 2019, and again on December 30, 2019. The supplemental opposition states the conservatee, Loren Nauta, has instituted bankruptcy proceedings requiring a stay of this action. The second Supplemental Opposition included a “Notice of Bankruptcy Case Filing.” Currently before the Court is Murphy’s Motion to Dismiss, pursuant to Code of Civil Procedure section 399(a).

  • Hearing

    Jul 22, 2020

(NO CASE NAME AVAILABLE)

On August 16, 2017, the “Order Granting Motion for Relief from the Automatic Stay Under 11 U.S.C. § 362” was entered by the U.S. Bankruptcy Court in case styled In re: Dispatch Transportation, LLC, Case No. 6:16-bk-17768-MH. On March 16, 2018, Dispatch’s default was entered. A Trial Setting Conference is set for May 19, 2020.

  • Hearing

    Jul 20, 2020

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Factual Background Plaintiff’s non-defamation causes of action concern an alleged contract promising that Plaintiff will stay on as an accountant and be installed as CFO. Discussion I. Breach of Contract and Covenant of Good Faith and Fair Dealing Defendants argue that Plaintiff has failed to allege sufficient facts to state a claim for breach of contract because she has failed to allege she suffered legally recognized damages.

  • Hearing

    Jul 17, 2020

CONSUMER ADVOCACY GROUP, INC. VS THE KROGER CO., ET AL.

Defendants now move for a stay on proceedings. The motion is unopposed. Legal Standard “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Factual Background Proposition 65 imposes warning requirements of the presence of certain chemicals identified by the State of California.

  • Hearing

    Jul 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Plaintiff now moves for a stay of proceedings while her appeal is pending.

  • Hearing

    Jul 17, 2020

PENTECH FINANCIAL SERVICES, INC. VS RENE MEDINA

Judgment Creditor served Judgment Debtors with the notice of levy, writ of execution, and exemption information via mail on December 18, 2019, personally served an occupant with same on December 17, 2018 and posted same in a conspicuous place on the Property on December 17, 2018. (Id., ¶18, Exh. 14.)

  • Hearing

    Jul 15, 2020

MATTER OF ALBERT AND PATRICIA BUSSE TRUST

A transferee under a class gift shall be a transferee for the purpose of this subdivision unless the transferee’s death occurred before the execution of the instrument and that fact was known to the transferor when the instrument was executed.”

  • Hearing

    Jul 14, 2020

ESTATE OF LAURA CHAPA

To overcome this defect, Petitioner must submit an Affidavit of Subscribing Witness (Form DE-131), of at least one of the witnesses to the execution of the will. 3) Supplement to the Petition – The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected by supplement: - Paragraph 5a(3) or (4) - Paragraph 5a(7) or (8) - Paragraph 8 – A supplement to the petition listing all known heirs must be provided, even if those heirs are deceased

  • Hearing

    Jul 14, 2020

ESTATE OF LAURA CHAPA

To overcome this defect, Petitioner must submit an Affidavit of Subscribing Witness (Form DE-131), of at least one of the witnesses to the execution of the will. 3) Supplement to the Petition – The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected by supplement: - Paragraph 5a(3) or (4) - Paragraph 5a(7) or (8) - Paragraph 8 – A supplement to the petition listing all known heirs must be provided, even if those heirs are deceased

  • Hearing

    Jul 14, 2020

MATTER OF ALBERT AND PATRICIA BUSSE TRUST

A transferee under a class gift shall be a transferee for the purpose of this subdivision unless the transferee’s death occurred before the execution of the instrument and that fact was known to the transferor when the instrument was executed.”

  • Hearing

    Jul 14, 2020

DANA LUMPKIN ET AL VS LYNN GORDON M D ET AL

Plaintiff Dana Lumpkin argues she will be prejudiced if the Court grants the motion because of: (1) her injuries from Defendants, (2) her compromised immune system, (3) the various “stay at home” orders, (4) her physicians’ recommendations for her to stay at home, and (5) Counsel’s botching of this case. (Lumpkin Decl., ¶¶ 3-8.) The Court finds Plaintiffs will not be prejudiced if the motion is granted. Plaintiffs have not shown how their injuries will delay the administration of justice.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SJF TEMPLE RAMPART LLC, A DELAWARE LIMITED LIABILITY COMPANY AND HSB TEMPLE RAMPART LLC, A DELAWARE LIMITED LIABILITY COMPANY VS JACOB SON

On June 23, 2020, a Return on Attachment/Execution was filed with the Court indicating that on March 5, 2020, Plaintiffs were placed in quiet and peaceful possession of the premises. Plaintiffs seek entry of a default judgment of $51,660.47 against Defendant consisting of $48,842.07 in general damages, $1,855.00 in attorneys’ fees, and $963.40 in costs. The Court finds that Plaintiffs’ prove up papers are deficient.

  • Hearing

    Jul 14, 2020

DANA LUMPKIN ET AL VS REGENTS OF THE UNIVERSITY OF CALIFORNI

Plaintiff Dana Lumpkin argues she will be prejudiced if the Court grants the motion because of: (1) her injuries from Defendants, (2) her compromised immune system, (3) the various “stay at home” orders, (4) her physicians’ recommendations for her to stay at home, and (5) Counsel’s botching of this case. (Lumpkin Decl., ¶¶ 3-8.) The Court finds Plaintiffs will not be prejudiced if the motion is granted. Plaintiffs have not shown how their injuries will delay the administration of justice.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ESTATE OF FLORENCE AGNES PRICE

To overcome this defect, Petitioner must submit an Affidavit of Subscribing Witness (Form DE-131), of at least one of the witnesses to the execution of the will. 2) Supplement to the Petition – The following allegations must be corrected by supplement: - Paragraph 8 – Because Paragraph 5a(2) and Paragraph 7b(3) were marked, and because it is unlikely that 13 nieces and nephews are all the children of one brother/sibling listed in the petition, please provide the name and date of death of spouse, as well as

  • Hearing

    Jul 13, 2020

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

VAZGEN MIRZAKHANYAN VS JV & T CAPITAL LLC ET AL

On September 4, 2019, a writ of execution was issued where Volodya Adanyan is the assignee of record and the judgment debtor is Monika M. Setyan. On November 1, 2019, the Court granted Defendant Monika M. Setyan’s motion to set aside/vacate judgment. On March 20, 2020, Defendant Monika M. Setyan filed the instant motion to compel attendance at deposition and production of documents. On April 8, 2020, Julie C. Lim, counsel for Volodya Adanyan, filed the instant motion to be relieved as counsel.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANTONE NINO AND NASRIN SHAKERI NINO, A PARTNERSHIP VS NASRIN SHAKERI NINO, INDIVIDUALLY, AND AS GENERAL PARTNER, ETC., ET AL.

ANALYSIS: The Bankruptcy Proceedings Filed by Nasrin Shakeri Requires this Court to Stay the Action The hearing on these motions was originally scheduled for July 1, 2020. At the scheduled hearing, Plaintiff Jeffrey Siegel informed the Court that Defendant Nasrin Shakeri Nino filed a Bankruptcy Petition, and asked this Court to stay the entire proceedings. Defendant Bilall and Westco Petroleum Distributors objected to a complete stay of the proceedings.

  • Hearing

    Jul 13, 2020

  • Type

    Real Property

  • Sub Type

    other

SUSHI BEAR, INC. VS. THE ONE SOLUTIO

Rather, the defendant must demand arbitration and seek a stay of the litigation. (Ibid.)” Badgley v. Van Upp (1993) 20 Cal.App.4th 218, 221. (Emphasis original; footnote omitted). Similar to Badgley, in this case, Plaintiff is seeking an injunction, which is ordinarily unavailable in arbitration. Because Defendants failed to address all of the causes of action and requested remedies, the Demurrer must be overruled. Defendants may have leave to file a Motion to Compel Arbitration.

  • Hearing

    Jul 13, 2020

SYLVIA RENE SUMMERS VS FORD MOTOR COMPANY, ET AL.

“This statute is clear and unambiguous: it requires that the trial court stay an action pending before it while an application to arbitrate the subject matter of the action is pending in a court of competent jurisdiction.” (Twentieth Century Fox Film Corp. v. Superior Court (2000) 79 Cal.App.4th 188, 192.)

  • Hearing

    Jul 13, 2020

  • Type

    Contract

  • Sub Type

    Breach

(NO CASE NAME AVAILABLE)

If the court orders arbitration, then the court shall stay the action until arbitration is completed. (See Code Civ. Proc., § 1281.4.) B. Service of the Petition Code of Civil Procedure section 1290.4 provides, in relevant part: “(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

  • Hearing

    Jul 13, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

VAZGEN MIRZAKHANYAN VS JV & T CAPITAL LLC ET AL

On September 4, 2019, a writ of execution was issued where Volodya Adanyan is the assignee of record and the judgment debtor is Monika M. Setyan. On November 1, 2019, the Court granted Defendant Monika M. Setyan’s motion to set aside/vacate judgment. On April 8, 2020, Julie C. Lim, counsel for Volodya Adanyan, filed the instant motion to be relieved as counsel.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HECTOR OCHOA VS JET DELIVERY SERVICE, INC.

Jet Delivery, Inc. (20PSCV00272) _____________________________________________ Defendant Jet Delivery Inc.’s MOTION TO COMPEL ARBITRATION AND TO STAY THE PROCEEDINGS PENDING ARBITRATION Responding Party: Plaintiff, Hector Ochoa Tentative Ruling Defendant Jet Delivery Inc.’s Motion to Compel Arbitration and to Stay the Proceedings Pending Arbitration is GRANTED. The case is stayed.

  • Hearing

    Jul 13, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

RICHARD WEGER ET AL VS MARY ALICE MEDINA

Weger/Dagg relies on the 2004 date of execution of the easement and the 2007 date in the document, judicial notice of which the court has denied. It is not clear why the date of the easement should apply. Also, Weger/Dagg does not explain what allegations in the complaint demonstrate Medina’s acquiescence in the Weger/Dagg’s act(s) or what prejudice Weger/Dagg suffered from the delay. The court will not sustain the demurrer based on laches. 6.

  • Hearing

    Jul 10, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

SACRAMENTO HOMELESS UNION VS. CITY OF SACRAMENTO

In an effort to slow the spread of the virus, the Governor and the County Health Officer have issued orders directing all persons to stay at home unless engaged in essential activities or to perform essential governmental functions or operate essential businesses. Since then, the City and County have taken steps to slow the spread and mitigate the impacts of COVID-19 within the homeless population. By this action, Petitioners challenge the adequacy of those steps.

  • Hearing

    Jul 10, 2020

IN THE MATTER OF PAULA LANGE

Cynthia Peddicord was ordered to prepare and serve an informal accounting and provide copies of the accounting to various counsel by 2/14/20, not to make any more gifts from proposed conservatee or her trust, and to stay any sales of property. The 3/20 hearing was continued to 4/17/20 and then to this date due to the Covid-19 court closure. As of 7/5/20, no notice of this continued hearing date is shown to have been served on all of the relatives named in the petition. Has Ms.

  • Hearing

    Jul 10, 2020

  • Type

    Family Law

  • Sub Type

    Conservatorship

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