§ 1720.Stay If Appeal Pending Or Will Be Taken
Title 11. Money Judgments of Other Jurisdictions · Chapter 2. Foreign-Country Money Judgments · Enacted 2007 · no amendments on record · Last verified July 29, 2026
Full Text of § 1720
Plain-English Summary
Recognizing a foreign judgment while an appeal of it is still working its way through the foreign court system risks recognizing something that might not survive that appeal, and this section gives courts the flexibility to avoid that outcome. If a party establishes that an appeal from the foreign-country judgment is pending, or will be taken, in the country where it was rendered, the California court may stay its own proceedings involving that judgment.
The stay is not indefinite by default, though the section leaves its exact duration to the court's judgment based on the circumstances. It can last until the foreign appeal concludes, until the deadline for taking an appeal expires without one being filed, or until the would-be appellant has had a reasonable amount of time to pursue the appeal and has not done so. That last option keeps a party from indefinitely delaying recognition by claiming an appeal is coming without ever filing one.
Frequently Asked Questions
Can a California court pause a recognition proceeding because of a pending foreign appeal?
Yes. Section 1720 lets the court stay its proceedings if a party shows an appeal is pending or will be taken in the foreign country.
How long can that stay last?
Until the foreign appeal concludes, until the time for taking an appeal has expired, or until the appellant has had enough time to pursue the appeal and has failed to do so.
What stops a party from claiming an appeal is coming just to delay recognition indefinitely?
The stay ends once the appellant has had a reasonable opportunity to prosecute the appeal and has not done so, even if no formal deadline has technically expired.
Amendment History
Added by Stats 2007 ch 212 (SB 639),s 2, eff. 1/1/2008.