CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1]
Code of Civil Procedure § 916
(a) Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.
(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from.
(Amended by Stats. 1990, Ch. 1305, Sec. 8.)
Cases
Sixth District Court of Appeal
Stubblefield v. Superior Court, 2/5/2025 (holding that superior court had jurisdiction to entertain defendant’s motion for release after direct appeal was decided by the 6DCA, but before the remittitur had issued, and citing § 916 in support).