California Supreme Court
Aug. 31, 2021
To stay or not to stay? Determining whether an injunction is stayed pending appeal
When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the injunction automatically stayed pending appeal, so as to preserve the status quo before the injunction was issued? Or, can the injunction take effect pending appeal?
Johanna S. Schiavoni
Counsel
Law Office of Johanna S. Schiavoni
Phone: (619) 269-4046
Email: johanna@schiavoni-law.com
Johanna is a certified specialist in appellate law, and her practice at California Appellate Law Group LLP focuses on civil appeals in state and federal courts. She served as a law clerk to 9th Circuit Judge M. Margaret McKeown and Central District of California Judge Christina A. Snyder (ret.). She was the 2020 president of the San Diego County Bar Association. Find out more about Johanna and the California Appellate Law Group LLP at www.calapplaw.com.
An order "granting or dissolving an injunction, or refusing to grant or dissolve an injunction" is an immediately appealable order under Code of Civil Procedure Section 904.1(a)(6).
When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the injunction automatically stayed pending appeal, so as to preserve the status quo before the injunction was is...
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