(a) The trial court may, in its discretion, stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor.
§ 918.5.Trial Court's Discretion to Stay Enforcement of Judgment Debtor Has Another Action Pending On Disputed Claim
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 918.5 lets the trial court, in its discretion, stay enforcement of a judgment when the judgment debtor has another pending action asserting a disputed claim against the judgment creditor, weighing the debtor's likelihood of success, the relative size of the two claims, and the creditor's financial ability to pay if the debtor prevails.
Full Text of § 918.5
(b) In exercising its discretion under this section, the court shall consider all of the following:
(1) The likelihood of the judgment debtor prevailing in the other action.
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim.
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim.
Plain-English Summary
Sometimes the party who lost the judgment has its own pending lawsuit against the winner — a disputed claim that, if it succeeds, could offset or exceed what the judgment debtor owes. Section 918.5 lets the trial court stay enforcement in that situation, though nothing about it is automatic; the decision rests entirely in the court's discretion.
Three factors guide that discretion. The court weighs how likely the judgment debtor is to prevail in the other action, how the amount of the judgment against the debtor compares to the probable recovery the debtor might win in that other action, and whether the judgment creditor has the financial ability to pay if a judgment eventually comes down against the creditor in that disputed claim.
Together, those factors focus the inquiry on a practical risk: enforcing the first judgment now, only to find the judgment creditor can't repay it later if the debtor wins the second case.
Frequently Asked Questions
What situation does § 918.5 address?
A judgment debtor who has another action pending against the judgment creditor asserting a disputed claim.
Is a stay under § 918.5 automatic?
No. It's granted only in the trial court's discretion.
What does the court consider in deciding whether to grant the stay?
Three things: the likelihood the judgment debtor will prevail in the other action, how the judgment amount compares to the debtor's probable recovery in that action, and the judgment creditor's financial ability to satisfy a judgment if one is later rendered against the creditor.
How does this differ from the general discretionary stay power in § 918?
Section 918.5 addresses a specific circumstance — a pending disputed claim by the judgment debtor against the creditor — and lists factors tailored to that situation, rather than the general stay power § 918 provides.
Amendment History
Added by Stats. 1982, Ch. 497, Sec. 66. Operative July 1, 1983, by Sec. 185 of Ch. 497.
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 918.5 stay judgment pending disputed claimcalifornia stay enforcement offset claimtrial court discretion stay judgment debtor's own lawsuit