(a) Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order.
§ 918.Trial Court's Power to Stay Enforcement; Exception
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 918 lets the trial court stay enforcement of any judgment or order in its own discretion, but if a stay on appeal would otherwise require an undertaking, the trial court cannot extend its own stay more than ten days past the last date to file a notice of appeal without the adverse party's consent.
Full Text of § 918
(b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.
(c) This section applies whether or not an appeal will be taken from the judgment or order and whether or not a notice of appeal has been filed.
Plain-English Summary
Apart from the automatic and bond-conditioned stays elsewhere in this chapter, the trial court has independent power to stay enforcement of any judgment or order it enters, because it thinks a stay is warranted on the facts before it. That power applies whether or not an appeal will be taken and whether or not a notice of appeal has been filed yet.
Subdivision (b) puts a real limit on that power, though, when a bond would otherwise be the price of a stay on appeal. If enforcement of the judgment would be stayed on appeal only by giving an undertaking — the situation § 917.1 and its neighbors describe — the trial court cannot use its own § 918 discretion to stay enforcement for more than ten days beyond the last day a notice of appeal could be filed, unless the adverse party agrees to a longer period.
That cap keeps § 918 from becoming a way to sidestep the undertaking requirements built into the rest of this chapter. A short, discretionary breathing room is available without a bond; anything longer requires either the other side's consent or posting the security the relevant section demands.
Frequently Asked Questions
Can a trial court stay enforcement of its own judgment without a bond?
Yes, in its discretion, under § 918(a) — but subject to the time limit in subdivision (b) when a bond would otherwise be needed to get a stay on appeal.
How long can that discretionary stay last if an undertaking would normally be required?
No more than ten days beyond the last date on which a notice of appeal could be filed, unless the adverse party consents to a longer period.
Does this section require that an appeal already be filed?
No. Section 918(c) says it applies whether or not an appeal will be taken and whether or not a notice of appeal has been filed.
Why is the ten-day cap there?
To keep the trial court's discretionary stay power from letting a party avoid the undertaking requirements that §§ 917.1 through 917.9 otherwise impose for a longer stay.
Amendment History
Amended by Stats. 1982, Ch. 497, Sec. 65. 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 trial court discretion stay judgmentcalifornia ten day stay pending appealtrial court power to stay enforcement without bond