San Leandro, CA asked in Civil Litigation and Probate for California

Q: Citable legal authority that permits a conditional stay without requiring an undertaking

What is the citable legal authority that permits a conditional stay without also requiring an undertaking, for an unlawful detainer case pending appeal, after a prior probate trial involving 2 of the 3 beneficiaries challenging the validity of a trust amendment and restatement done by an attorney the trustor hired to make the changes.

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1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In general, a conditional stay is a temporary halt or suspension of legal proceedings, pending the fulfillment of certain conditions. In the context of an unlawful detainer case pending appeal, a conditional stay may be granted if certain conditions are met, such as the posting of an undertaking or bond to secure the landlord's rights.

However, the specific legal authority for a conditional stay without requiring an undertaking may vary depending on the jurisdiction and the circumstances of the case. You may need to consult with a local attorney or conduct further legal research to determine the applicable legal authority in your situation.

If you have an attorney representing you in the case, they may be able to advise you on the specific legal authority and requirements for obtaining a conditional stay. If you do not have an attorney, you may wish to consider consulting with one to assist you with your case.

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