California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 9 — Enforcement of Judgments, Division 2 — Enforcement of Money Judgments, Chapter 2 — Liens, Article 1 — General Provisions, Section 697.040

(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.

Notes

Sets the effect of enforcement stays on judgment liens: a sufficient appeal undertaking extinguishes existing division liens and bars new ones during the stay; a specified court stay ordinarily preserves the identified lien types but bars other liens unless ordered otherwise. Stays under two other referenced provisions ordinarily extinguish existing liens and bar new ones unless the court orders otherwise.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 697.040 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-9/division-2/chapter-2/article-1/section-697-040

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