Code Civ. Proc., § 697.040 · Article 1. General Provisions
Code Civ. Proc., § 697.040
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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 and commentary — not statutory text
History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=697.040.
- Text hash
- sha256 23624bf1baf582fedea644a364408c0b5f922c2b49ac238547fec2ca4696bd7e
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., pt. 2, tit. 9, div. 2, ch. 2, art. 2Judgment Lien on Real PropertyPrinted as Article 2 (commencing with Section 697.310)
- Code Civ. Proc., pt. 2, tit. 9, div. 2, ch. 2, art. 3Judgment Lien on Personal PropertyPrinted as Article 3 (commencing with Section 697.510)
- Code Civ. Proc., pt. 2, tit. 13, ch. 2Stay of Enforcement and Other ProceedingsPrinted as Chapter 2 (commencing with Section 916) of Title 13
- Code Civ. Proc., § 918Printed as Section 918
- Code Civ. Proc., § 1710.50Printed as Section 1699 or 1710.50
Cited by 1 provision
Provisions in this library whose text cites Code Civ. Proc., § 697.040. Each shows the citation as that text prints it.
Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.