Judge: James L. Crandall, Case: 17-00958200, Date: 2022-08-25 Tentative Ruling

Motion to Set Aside/Vacate Judgment: 

Plaintiffs Tony Nguyen, Toan Thai, and Minh Nguyen’s motion to set aside the Judgment entered after trial on March 18, 2021, is DENIED.

Code of Civil Procedure Section 916, subsection (a) provides that “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.”

An appeal is perfected when the notice of appeal is filed. (Kroger Co. v. W.C.A.B. (2012) 210 Cal.App.4th 952.)

“The purpose of the automatic stay provision of section 916, subdivision (a) ‘is to protect the appellate court’s jurisdiction by preserving the status quo until the appeal is decided. The [automatic stay] prevents the trial court from rendering an appeal futile by altering the appealed judgment or order by conducting other proceedings that may affect it.’ [Citation.]” (Varian Med. Sys., Inc. v. Delfino (2005) 35 Cal. 4th 180, 189.)

“The trial court’s power to enforce, vacate or modify an appealed judgment or order is suspended while the appeal is pending.” (Elsea v. Saberi (1992) 4 Cal. App. 4th 625, 629.)

On May 17, 2021, Plaintiffs filed a Notice of Appeal. (ROA No. 955.) According to the Notice of Appeal, Plaintiff is appealing the Judgment entered on March 18, 2021. (Id.)

The appeal is still pending. (Weiss Decl., ¶ 7.)

Therefore, the Court is without jurisdiction to amend the Judgment at issue in this Motion while the appeal is pending.

Accordingly, the Motion is DENIED.

No Future Events