California Commerce Bank v. Superior Court

California Commerce Bank v. Superior Court (1992) 8 Cal.App.4th 582 describes the proper procedure under the current statutory scheme for enforcement of judgments: "Section 697.040, subdivision (a)(1) provides that if enforcement of a judgment is stayed on appeal by the giving of a sufficient undertaking, existing liens created under Division 2 ( 695.010-709.030) are extinguished. Section 697.710 provides that a 'levy on property under writ of execution creates an execution lien on the property from the time of levy . . . .' Under section 697.050 'if a lien created pursuant to this division is extinguished, property held subject to the lien shall be released unless the property is to be held under another lien or the property is ordered by the court to be held pending resolution of a dispute concerning its proper disposition.' . . . The Law Revision comment on section 697.050 explained that for property that had been levied upon by a levying officer, release was governed by section 699.060. Section 699.060, subdivision (a), requires a levying officer to release property, inter alia, upon receipt of a certified copy of a court order for release or written directions to release from the judgment creditor or his attorney. The release extinguishes any execution lien in favor of the judgment creditor on the released property. Subdivision (b) of section 699.060 provides that 'if the property to be released has been taken into custody under the levy, it shall be released to the person from whom it was taken unless otherwise ordered by the court . . . .'" (California Commerce Bank, supra, 8 Cal.App.4th at pp. 586-587, italics added.)