Code of Civil Procedure section 1738

The superior court shall grant a stay of enforcement if the respondent establishes one of the following to the superior court:

(a)

An appeal from the tribal court money judgment is pending or may be taken in the tribal court, in which case the superior court shall stay state execution of the tribal court money judgment until the proceeding on appeal has been concluded or the time for appeal has expired.

(b)

A stay of enforcement of the tribal court money judgment has been granted by the tribal court, in which case the superior court shall stay enforcement of the tribal court money judgment until the stay of execution expires or is vacated.

(c)

Any other circumstance exists where the interests of justice require a stay of enforcement.

Source: Section 1738, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=1738.­ (accessed May 4, 2025).

Last Updated

Apr. 24, 2025

§ 1738’s source at ca​.gov