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Code Civ. Proc., § 917.10 · Chapter 2. Stay of Enforcement and Other Proceedings

Code Civ. Proc., § 917.10

Verbatim from the official edition

Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)

(a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances:

(1) If the trial court has found that a party’s at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).

(2) If the trial court has found that a party’s election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code).

(b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court may be stayed upon the perfection of the appeal if the Secretary of State files a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is necessary for the orderly administration of the state’s elections.

(c) This section does not limit the power of a reviewing court to issue a stay or grant a writ of supersedeas in accordance with Section 923.

(d) If the enforcement of a judgment or order is not stayed pursuant to subdivision (a), the party whose at-large method of election that the trial court found violates, or is likely to violate, the California Voting Rights Act of 2001, or the party whose election district boundaries that the trial court found violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023, shall reimburse a county elections official for any actual costs incurred by that elections official in administering elections as a result of the enforcement of the trial court’s judgment or order, and as the result of any orders issued by a court during an appeal of the action.

(e) This section does not apply to a judgment or order entered in a proceeding or action commenced on or before January 1, 2026, that asserts at least one cause of action under the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023.

Notes and commentary — not statutory text

History

Added by Stats. 2025, Ch. 178, Sec. 3. (AB 1079) Effective January 1, 2026.

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&sectionNum=917.10.
Text hash
sha256 e0dc3256f96a0c946da1d044c8acb35a3cca1b76cdceef2f6da0e2473023b809
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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

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