GUY HART ET AL VS DON HART ET AL

Tentative Rulings

Case Number: BC519025    Hearing Date: January 11, 2021    Dept: 36

Superior Court of California

County of Los Angeles

Department 36

The hearing is continued to February 16, 2021.

The parties are ordered to file supplemental briefs 10 days before the hearing.

Stay Pending Appeal

A threshold issue to this hearing is whether enforcement of the Judgment is stayed pending the resolution of the appeal of the Judgment. Judgment in this case was entered on May 15, 2018. Plaintiffs/Appellants filed a Notice of Appeal on July 12, 2018, appealing the Judgment. The appeal has not yet been resolved.

“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.” (CCP § 916(a).)

“Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the following: . . . Money or the payment of money . . . .” (CCP § 917.1(a)(1).) Under the Enforcement of Judgments Law, a “money judgment” means “that part of a judgment that requires the payment of money.” (CCP § 680.270.)

Here, the Judgment orders, in part: (1) to Plaintiff/Judgment Debtor Guy Hart, 25% ownership interest in the real property located at 458-460 N. Alta Vista, Los Angeles, CA 90038; (2) to Defendant/Judgment Creditor Don Hart, 25% ownership interest in the real property located at 458-460 N. Alta Vista, Los Angeles, CA 90038; (3) payments by Sara Hart and Guy Hart to Don Hart of $100,000 and $85,000, respectively; and (4) indemnification by Sara Hart and Guy Hart to Don Hart related to property not at issue in this application; and (5) for all parties to execute the appropriate documents to reflect provisions A-D of the Judgment, and payments to be made at the time of such execution.

Judgment Debtor Guy Hart asserts that this matter is subject to an automatic stay pending appeal. Judgment Creditors, along with Third Party Eliran Mor, assert that Judgment Creditors have obtained a money judgment, but have not offered authority establishing the same.

To resolve this threshold issue, the parties are ordered to submit a supplemental brief with supportive legal authority, addressing:

(1) Whether the Judgment of May 15, 2018 is subject to an automatic stay pending appeal without an undertaking, as a money judgment, despite that the Judgment does not exclusively order the payment of money.

(2) Whether the Judgment of May 15, 2018 is subject to an automatic stay pending appeal without an undertaking, under any other provision of the Code of Civil Procedure.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge