§ 697.040 Stay of enforcement of judgment; effect on liens

Codes > California Code of Civil Procedure > Part 2 > Title 9 > 697.040

§ 697.040. Stay of enforcement of judgment; effect on liens

    (a) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13:

        (1) Existing liens created under this division are extinguished.

        (2) New liens may not be created under this division during the period of the stay.

    (b) Unless the court otherwise expressly orders, a stay of enforcement of the judgment under Section 918 does not extinguish or prevent the creation of a lien under Article 2 (commencing with Section 697.310) or Article 3 (commencing with Section 697.510); but, unless the court otherwise expressly orders, no other liens may be created or continued under this division during the period of the stay of enforcement.

    (c) Unless the court expressly orders otherwise, if enforcement of the judgment is stayed pursuant to Section 1699 or 1710.50:

        (1) Existing liens created under this division are extinguished.

        (2) New liens may not be created under this division during the period of the stay.