The perfecting of an appeal does not stay proceedings, in the absence of an order of the trial court providing otherwise or of a writ of supersedeas, under any of the following circumstances:
§ 917.8.Proceedings Not Stayed In Absence of Order of Trial Court Or Writ of Supersedeas
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 2004 · Last verified July 28, 2026
In one sentenceSection 917.8 lets an appeal proceed without a stay, absent a contrary trial court order or a writ of supersedeas, for judgments on public-office usurpation, corporate inspection rights, nuisance-closure orders, and certain governmental-agency actions seeking injunctive or other statutory relief.
Full Text of § 917.8
(a) If a party to the proceeding has been adjudged guilty of usurping, or intruding into, or unlawfully holding a public office, civil or military, within this state.
(b) If the judgment or order directs a corporation, or any of its officers or agents, to give to a person adjudged to be a director, stockholder, or member of that corporation a reasonable opportunity to inspect or make copies of the books, papers, or documents of the corporation as the trial court finds that the director, stockholder, or member is entitled by law to inspect or copy.
(c) If a judgment or order adjudges a building or place to be a nuisance and, as part of that judgment or order, directs the closing or discontinuance of any specific use of the building or place for any period of time.
(d) If a judgment or order, including, but not limited to, a temporary restraining order or preliminary injunction, grants relief in an action brought by a governmental agency under the provisions of Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code.
Plain-English Summary
This section lists four categories of judgments and orders where an appeal, by default, changes nothing on the ground — unless the trial court orders otherwise or a reviewing court issues a writ of supersedeas. First: judgments adjudging someone guilty of usurping, intruding into, or unlawfully holding a civil or military public office in California. Second: orders directing a corporation, or its officers or agents, to let an adjudicated director, stockholder, or member inspect or copy the corporation's books, papers, or documents.
Third: judgments or orders that adjudge a building or place a nuisance and, as part of that judgment, direct closing it or discontinuing a specific use for some period. Fourth: judgments or orders — including temporary restraining orders and preliminary injunctions — that grant relief in an action a governmental agency brings under specified statutory enforcement provisions.
Like § 917.15, this section offers no bond option; the only ways to pause enforcement are a trial court order saying so or a writ of supersedeas from the reviewing court under § 923.
Frequently Asked Questions
Does an appeal automatically pause a nuisance-closure order under § 917.8?
No. The closure or discontinuance directed in a nuisance judgment continues during the appeal unless the trial court orders otherwise or a reviewing court issues a writ of supersedeas.
Can a bond be posted to get a stay under § 917.8?
The section itself provides no undertaking mechanism. Relief comes only from a trial court order or a writ of supersedeas under § 923.
What kinds of orders does § 917.8 cover?
Judgments on public-office usurpation, orders granting corporate books-and-records inspection rights, nuisance-closure orders, and certain judgments or orders granting relief in specified governmental-agency enforcement actions, including temporary restraining orders and preliminary injunctions.
How can a party pause enforcement of one of these judgments during appeal?
By persuading the trial court to order a stay, or by seeking a writ of supersedeas from the reviewing court under § 923.
Amendment History
Amended by Stats 2003 ch 31 (AB 1639),s 1, eff. 1/1/2004.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 917.8 no automatic stay appeal californiawrit of supersedeas california appealappeal stay nuisance order californiaappeal corporate inspection rights order stay