§6.

12 Stay of Execution and Appeal
The defendant may request a stay of execution of the judgment whether or not an appeal is taken. [CCP §918(a), (c).] You may stay execution of the judgment for up to 40 days without the landlord’s consent in a limited civil case (or up to 70 days in an unlimited case). [See CCP §918(b); CRC 8.104(a), 8.822.] It is a common practice in some courts to require a tenant claiming hardship to pay into court the daily rental value for the length of the stay. [See CCP §1176(a).] Related procedures govern stays of unlawful detainer judgments pending appeal. The following conditions apply [CCP §1176(a)]:    There is no automatic stay on appeal. A request for a stay must first be directed to the judge who rendered the judgment. A stay must be granted if the judge finds that (1) the moving party will suffer extreme hardship if no stay is granted and (2) a stay will not irreparably injure the nonmoving party. Denial of a stay is reviewable by writ. Any stay is subject to any conditions the court deems just. Any stay must be conditioned on payment of the reasonable monthly rental value to the court each month in advance.

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Appeals from UD actions are governed by CCP §§901–923. [See CCP §1178; Anchor Marine Repair Co. v Magnan (2001) 93 CA4th 525, 528–530.]

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