California Supreme Court
Aug. 31, 2021
To stay or not to stay? Determining whether an injunction is stayed pending appeal
When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the injunction automatically stayed pending appeal, so as to preserve the status quo before the injunction was issued? Or, can the injunction take effect pending appeal?
Johanna Schiavoni
Complex Appellate Litigation Group LLPCertified Specialist in Appellate Law
Email: johanna.schiavoni@calg.com
An order "granting or dissolving an injunction, or refusing to grant or dissolve an injunction" is an immediately appealable order under Code of Civil Procedure Section 904.1(a)(6).
When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the injunction automatically stayed pending appeal, so as to preserve the status quo before the injunction was is...
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