California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 13 — Appeals in Civil Actions, Chapter 2 — Stay of Enforcement and Other Proceedings, Section 917.8

The perfecting of an appeal does not stay proceedings, in the absence of an order of the trial court providing otherwise or of a writ of supersedeas, under any of the following circumstances:

(a) If a party to the proceeding has been adjudged guilty of usurping, or intruding into, or unlawfully holding a public office, civil or military, within this state.

(b) If the judgment or order directs a corporation, or any of its officers or agents, to give to a person adjudged to be a director, stockholder, or member of that corporation a reasonable opportunity to inspect or make copies of the books, papers, or documents of the corporation as the trial court finds that the director, stockholder, or member is entitled by law to inspect or copy.

(c) If a judgment or order adjudges a building or place to be a nuisance and, as part of that judgment or order, directs the closing or discontinuance of any specific use of the building or place for any period of time.

(d) If a judgment or order, including, but not limited to, a temporary restraining order or preliminary injunction, grants relief in an action brought by a governmental agency under the provisions of Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code.

Notes

Limits the automatic appellate stay, absent a contrary trial-court order or writ of supersedeas, for judgments involving unlawful holding of public office, corporate inspection rights, nuisance closures or use discontinuance, and specified governmental nuisance-abatement relief. Proceedings under those listed judgments or orders continue despite perfecting the appeal unless the stated alternative stay relief is obtained.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 917.8 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-13/chapter-2/section-917-8

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