California Code of Civil Procedure 697.040 – (a) If enforcement of the judgment is stayed on appeal by the …
(a) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13:
(1) Existing liens created under this division are extinguished.
Terms Used In California Code of Civil Procedure 697.040
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Lien: A claim against real or personal property in satisfaction of a debt.
(2) New liens may not be created under this division during the period of the stay.
(b) Unless the court otherwise expressly orders, a stay of enforcement of the judgment under Section 918 does not extinguish or prevent the creation of a lien under Article 2 (commencing with Section 697.310) or Article 3 (commencing with Section 697.510); but, unless the court otherwise expressly orders, no other liens may be created or continued under this division during the period of the stay of enforcement.
(c) Unless the court expressly orders otherwise, if enforcement of the judgment is stayed pursuant to Section 1699 or 1710.50:
(1) Existing liens created under this division are extinguished.
(2) New liens may not be created under this division during the period of the stay.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)