Judge: Maurice A. Leiter, Case: 19STCV44546, Date: 2023-02-27 Tentative Ruling

Case Number: 19STCV44546    Hearing Date: February 27, 2023    Dept: 54

Hearing Date: February 27, 2023

Department 54, Judge Maurice A. Leiter

Motion to Stay Execution of Judgment

Moving Party: Defendant Stephen Chang

Responding Party: Plaintiff Richard Weise

T/R:    DEFENDANT’S MOTION TO STAY EXECUTION OF JUDGMENT IS DENIED.

            DEFENDANT to notice. 

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

            The Court considers the moving papers and opposition

            CCP § 918(b) provides, “If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.”

            Defendant moves to stay execution of the judgment against him while Defendant’s insurance carrier decides whether to appeal and post an appeal bond. Defendant asserts he needs to evaluate his rights “without suffering the disruption of execution on his assets, and without the time and expense of seeking to reverse any execution if an appeal bond is posted.” In opposition, Plaintiff asserts that Defendant has failed to establish a compelling reason to stay execution and has failed to assure that he will refrain from transferring assets to avoid paying the judgment.

            The Court will stay the enforcement of the judgment for 10 days beyond the last date to file a notice of appeal, to allow for Defendant to determine his next steps. This will not prejudice Plaintiff.

            Defendant’s motion is GRANTED.