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§ 1710.50.Stay of Enforcement

Title 11. Money Judgments of Other Jurisdictions · Chapter 1. Sister State Money Judgments · Last amended 2024 · Last verified July 29, 2026

In one sentenceSection 1710.50 requires the court to stay enforcement of a registered judgment while a sister-state appeal or stay is pending, while a motion to vacate is undecided, or when the underlying judgment targeted constitutionally protected conduct until a related statutory period runs, or whenever justice otherwise requires, on terms that may include an undertaking.

Full Text of § 1710.50

Text sizeJump to: (a) (b) (c)

(a) The court shall grant a stay of enforcement where:
(1) An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2) A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3) The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtor's motion to vacate is determined.
(4) A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5) Any other circumstance exists where the interests of justice require a stay of enforcement.
(b) The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c) The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1) The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditor's claim.
(2) If a writ of execution has been issued, the court may order that it remain in effect.
(3) If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.

Plain-English Summary

Registration gives a creditor a fast path to a California judgment, but this section makes sure enforcement does not outrun the debtor's legitimate avenues for relief. A stay is mandatory, not discretionary, whenever an appeal from the sister state judgment is pending or still available, whenever the sister state itself has stayed enforcement, or while the debtor's motion to vacate under this chapter remains undecided. Each of these stays lasts only as long as the underlying condition does: until the appeal concludes or the appeal window closes, until the sister-state stay expires or is lifted, or until the vacate motion is decided.

A more recent addition addresses judgments obtained against someone for exercising rights the U.S. or California Constitution guarantees, or for helping someone else exercise those rights; a stay there runs until a related Civil Code limitations period expires or a related action concludes, whichever comes later. Beyond these listed situations, the court can also grant a stay whenever the interests of justice call for one, on its own motion, on an ex parte application, or on noticed motion. Whatever the ground, the court sets the stay's terms, which can include requiring an undertaking of up to double the creditor's claim, keeping an already-issued writ of execution in effect, or directing the levying officer to hold onto seized property while the stay runs.

Frequently Asked Questions

When must a court stay enforcement of a registered sister state judgment?

Whenever a sister-state appeal is pending or available, whenever the sister state has stayed enforcement itself, or while the debtor's motion to vacate remains undecided.

Does this section protect people sued elsewhere for exercising constitutional rights?

Yes. A judgment obtained against someone for exercising, or helping another person exercise, a right guaranteed by the U.S. or California Constitution triggers a stay tied to a related Civil Code limitations period.

Can a court grant a stay for reasons not specifically listed?

Yes, whenever the interests of justice require it, and the court can act on its own motion as well as on a party's request.

What conditions can a court attach to a stay?

An undertaking of up to double the judgment amount, keeping a writ of execution in effect, or ordering a levying officer to retain seized property.

Amendment History

Amended by Stats 2023 ch 260 (SB 345),s 9, eff. 1/1/2024. Added by Stats. 1974, Ch. 211.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
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