The superior court shall grant a stay of enforcement if the respondent establishes one of the following to the superior court:
§ 1738.Stay
Title 11. Money Judgments of Other Jurisdictions · Chapter 3. Tribal Court Civil Money Judgment Act · Enacted 2014 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1738 requires a superior court to stay enforcement of a tribal court money judgment when an appeal is pending or available, when the tribal court has already granted its own stay, or when any other circumstance means the interests of justice call for one.
Full Text of § 1738
(a) An appeal from the tribal court money judgment is pending or may be taken in the tribal court, in which case the superior court shall stay state execution of the tribal court money judgment until the proceeding on appeal has been concluded or the time for appeal has expired.
(b) A stay of enforcement of the tribal court money judgment has been granted by the tribal court, in which case the superior court shall stay enforcement of the tribal court money judgment until the stay of execution expires or is vacated.
(c) Any other circumstance exists where the interests of justice require a stay of enforcement.
Plain-English Summary
A respondent shouldn't have to face California enforcement of a tribal judgment that's still being contested or paused where it was issued, and Section 1738 makes that protection mandatory rather than discretionary. If the respondent shows an appeal is pending or still available in the tribal court, the superior court has to stay state execution until the appeal concludes or the appeal deadline expires. If the tribal court has already granted its own stay of enforcement, the superior court's stay tracks that tribal stay until it expires or is vacated.
A third, more open-ended path covers everything else: any other circumstance where the interests of justice require a stay. That catch-all gives the superior court room to pause enforcement in situations the first two categories don't anticipate, without requiring the respondent to force the facts into one of the two more specific boxes.
Frequently Asked Questions
When must the superior court stay enforcement of a tribal court money judgment?
When an appeal from the judgment is pending or may still be taken in the tribal court, when the tribal court has granted its own stay, or when the interests of justice otherwise require a stay.
Is the stay discretionary or mandatory when one of these grounds is shown?
Mandatory. Section 1738 says the superior court shall grant a stay once the respondent establishes one of the listed grounds.
How long does a stay tied to a pending tribal appeal last?
Until the appeal proceeding concludes or the time for taking an appeal has expired.
Amendment History
Added by Stats 2014 ch 243 (SB 406),s 4, eff. 1/1/2015.
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
Also known as: stay of tribal court judgment enforcementpending appeal tribal judgment stay