Adir Internat., LLC v. Superior Court

In Adir Internat., LLC v. Superior Court (2013) 216 Cal.App.4th 996, the judgment debtor attempted to enforce a stay of a judgment pending appeal by simply notifying the sheriff of the appeal. The sheriff had already levied funds in the debtor's accounts pursuant to a writ of execution. Despite receiving notice about the appeal, the sheriff disbursed those funds to the judgment creditor. The debtor then asked the court to order the judgment creditor to return the funds. The appellate court held the trial court had no jurisdiction to do so. (Adir, supra, 216 Cal.App.4th at p. 998.) The dicta in the opinion, describes how the debtor could have prevented disbursement of the funds: "the debtor . . . could have sought an order from the court recalling and/or quashing the writ of execution and releasing the liens." (Id. at p. 1003.)