Legal Opinion
California Commerce Bank v. Superior Court
California Court of Appeal
Decided July 20, 1992No. D016813PublishedCited by 9 opinions
1Opinion of the Court
Opinion
TODD, J.
In the case of a perfected appeal, does the posting of a sufficient bond after the marshal has taken possession of money pursuant to a writ of execution result in a stay of enforcement of judgment and require the return of funds held in levy to the judgment debtor? Based on our review of the statutory scheme pertaining to the stay of enforcement of judgments, we answer that question in the affirmative and accordingly grant the petition.
Background
San Marcos National Bank (SMNB) obtained a money judgment in the amount of $99,753.33 against California Commerce Bank (CCB). CCB…
2Cases cited6 opinions
- Goodenough v. Superior CourtCalifornia Court of Appeal · 1971
- United Nuclear Corp. v. Superior CourtCalifornia Court of Appeal · 1980
- First National Bank of Marysville v. McCoyCalifornia Court of Appeal · 1931
- Del Riccio v. Superior CourtCalifornia Court of Appeal · 1952
- Estate of NeilsonCalifornia Court of Appeal · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re HernandezUnited States Bankruptcy Court, S.D. California · 2012
- People v. Am. Sur. Co., California Court of Appeal, 5th District2019
- Moore v. Local 569 of Intern. Broth. of Elec. WorkersCourt of Appeals for the Ninth Circuit · 1995
- Adir International, LLC v. Superior CourtCalifornia Court of Appeal · 2013
- Ramirez v. Fuselier (In Re Ramirez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
4 more not listed; retrieve them via the Exa API.