NATURE OF PROCEEDINGS: MOTION TO STAY — JUDGMENT PENDING APPEAL [DEFT] EHAB HABASHI [DEFT] LINDA HABASHI

RULING

In light of the appeal filed by Defendants Ehab and Linda Habashi et al, in this matter, their motion to stay enforcement of the judgment in this case is moot and is ordered off calendar,

As a general rule, “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order ...” (CCP § 916(a) (emphasis added); Varian Med. Systems, Inc. v Del/ino (2005) 35 Cal 4th 180,1891) Essentially, the section 916(a) “stay” means that, upon timely filing of a notice of appeal, the trial court is divested of power to act on matters “embraced in” or “affected by” the appealed judgment or order: Jurisdiction over the appealed matters shifts to the court of appeal and is terminated in the trial court; and the trial court‘s power to enforce, vacate o