Legal Question in Appeals and Writs in California

The petition for the writ of supersedeas does not, by itself, stay your right to continue to execute on the judgment. The stay becomes effective only if the Court of Appeal issues the writ at which point everything freezes - but you would not have to unwind the liens already recorded.

The Court of Appeal, by the way, almost never grants supersedeas petitions staying money judgments; the appellant is instead required to post a sufficient bond/undertaking in order to stay enforcement pending the appeal.

I am a certified appellate specialist with more than 20 years of experience in civil appeals. See my website at www.LosAngelesAppeals.com. You can call my office at 800-488-4807 if you would like consultation about the appeal.

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Mr. Fox is right. The request is actually known as a Petition for a Writ of Supersedeas. If the Appellate Court grants it, it is known as a Writ of Supersedeas. The Writ is usually directed to the respondent on the appeal, and to the trial court judge that issued the judgment. If you have a money judgment, the appellant would not be able to obtain a Writ of Supersedeas unless the appellant posted what is known as a supersedeas bond. I have petitioned the courts of appeal for writs of supersedeas, and have had them granted. If your money judgment was a costs only award, that would automatically be stayed on appeal, and a Writ may issue to stop you from attempting to collect. Recorded abstracts as attachment liens would not violate the Writ of Supersedeas if it was granted.