CALIFORNIA COMMERCE BANK v. SUPERIOR COURT

Docket No. D016813.

8 Cal.App.4th 582 (1992)

10 Cal. Rptr.2d 418

CALIFORNIA COMMERCE BANK, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SAN MARCOS NATIONAL BANK, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

July 20, 1992.


Attorney(s) appearing for the Case

COUNSEL

Schall, Boudreau & Gore, Tina M. Pivonka and Michael D. Osteen for Petitioner.

No appearance for Respondent.

Higgs, Fletcher & Mack and John Morris for Real Party in Interest.


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...

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