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The Court Loses Jurisdiction to Stay Enforcement of Order After Sheriff Levy) Del Riccio v. Sup. Court

On Behalf of | May 31, 2018 | Debt Collection, Unlawful Detainer |

Often after a bank levy or eviction (unlawful detainer) lock out, the defendant files a motion for a stay or to be let back into possession.  Code of Civil Procedure § 918 can only “stay the enforcement of an judgment or order”.  There is nothing to stay after the levy or lockout occurred.  As stated in Del Riccio v. Superior Court of Cal., in and for Los Angeles County (1952) 115 Cal.App.2d 29, 31 after the levy, “… the court could not, by ordering a stay, undo what had already been done so as to deprive the creditor of ownership and use of money collected under the writ.”