Appeal Stay Motion Guidance
Summary
An appeal of a trial courts order denying a motion to compel arbitration can stay proceedings under CCP § 916 and CCP § 1281.4. Requesting a stay in appellate court is typically done through a regular motion, not an ex parte application, unless the matter is urgent. Understanding relevant laws like CCP § 1294(a) and FAA, 9 U.S.C. § 16(a)(1)(B) is crucial. Consider consulting with a legal professional for assistance in drafting your motion.Full Conversation
so I was righ
It looks like you have a good understanding of the relevant laws and codes. Your appeal of the trial court’s order denying your motion to compel arbitration should indeed stay the trial court proceedings under CCP § * and CCP § *.*. Would you like any further clarification or assistance with your appeal?
I am preparing a appeal in san diego appellete court. i need to request a stay - is this a regular motion or ex parte
In the context of your appeal, requesting a stay is typically done through a regular motion rather than an ex parte application. Ex parte motions are generally reserved for urgent matters that require immediate attention without the standard notice period.
If you need further assistance in drafting your motion or have additional questions, feel free to ask!