Cal. Code of Civil Procedure § 918.5 : Appeals In Civil Actions — California Code Of Civil Procedure — Stay Of Enforcement And Other Proceedings — Trial court's discretion to stay enforcement of judgment debtor has another action pending on disputed claim

  • Date:

Current through the 2016 Legislative Session

(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.
(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.
Ca. Civ. Proc. Code § 918.5
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