Moralez v. 76 Orinda
- Vince Chhabria
- 3:17-cv-03779
- U.S. District Court · Northern District of California
- 1
In Moralez v. 76 Orinda, Judge Chhabria amended the judgment and set bond terms for a stay while denying part of the requested relief.
Francisca Moralez, Orinda Gas Station, Inc., the individual defendants, and the other defendants affected by enforcement of the judgment.
What happened
In Moralez v. 76 Orinda, the court considered requests to change the judgment and pause its enforcement while an appeal was pending.
The court added Orinda Gas Station, Inc. as a judgment debtor. It denied without prejudice the request to add the individual defendants, meaning the request could be renewed if the debt remains unpaid after the appeal. The court also declined to allow a stay without security; defendants must post a bond equal to 125% of the fee award to stay enforcement, and enforcement was stayed for 14 days.
Judge Vince Chhabria therefore granted in part and denied in part the motions to stay and to amend or correct the judgment.
The detailed version
- Moralez v. 76 Orinda · No. 3:17-cv-03779
- Vince Chhabria
- Jan. 21, 2020
Background
The court addressed a motion to stay enforcement of the judgment and a motion to amend or correct the judgment. The opinion states that an appeal was pending and that the judgment included a fee award, but it does not state the amount of that award.
Judgment Debtors
The court amended the judgment to add Orinda Gas Station, Inc. as a judgment debtor. It denied without prejudice the request to add the individual defendants as judgment debtors. The court stated that the plaintiff may renew that request if the debt remains unsatisfied after the appeal has been decided.
Stay and Bond
The court declined to waive the security requirement because it determined that a stay without a bond would place the plaintiff at substantial risk of injury. If the defendants want to stay execution of the judgment, they must post a bond equal to 125% of the fee award. The court stayed execution of the judgment for 14 days from the date of the order.
Disposition
The order granted in part and denied in part the motion to stay and the motion to amend or correct the judgment. The opinion does not state that the court decided the underlying merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.