Varian Medical Systems, Inc. v. Delfino

In Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, the California Supreme Court explained that a proceeding on a trial court matter does not have an impact on the effectiveness of a pending appeal merely because the proceeding may impact the outcome of the appeal, or even render it moot. (Varian, supra, 35 Cal.4th at p. 189 "The fact that the postjudgment or postorder proceeding may render the appeal moot is not, by itself, enough to establish that the proceeding affects the effectiveness of the appeal and should be stayed under section 916".) "Something more is needed. For example, the trial court proceeding must directly or indirectly seek to 'enforce, vacate or modify the appealed judgment or order.' . . . Or the proceeding must substantially interfere with the appellate court's ability to conduct the appeal." (Id. at pp. 189-190.) "A trial court . . . affects the effectiveness of an appeal if the possible outcomes on appeal and the actual or possible results of the proceeding are irreconcilable" or "if the very purpose of the appeal is to avoid the need for that proceeding." (Id. at p. 190.)