Moralez

Moralez v. 76 Orinda

Good Law
United States District Court, Northern District of CaliforniaJanuary 21, 20203:17-cv-03779California215 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FRANCISCA MORALEZ, Case No. 17-cv-03779-VC Plaintiff,

ORDER GRANTING IN PART AND

Vv. DENYING IN PART MOTION TO

STAY AND MOTION TO

76 ORINDA, et al., AMEND/CORRECT THE JUDGMENT Defendants. Re: Dkt. Nos. 139, 147

1. The Judgment is amended to add “Orinda Gas Station, Inc.” as a judgment debtor. See Dkt. Nos. 131, 126. The motion to add the individual defendants as judgment debtors is denied without prejudice. The plaintiff may renew her motion if the debt remains unsatisfied after the appeal has been decided. 2. The Court is persuaded that a stay without a bond puts the plaintiff at a substantial risk of injury. Accordingly, the Court declines to waive the security requirement. If the defendants wish to stay the execution of the judgment, they must post a bond equal to 125% of the fee award. See Am. Civil Liberties Union of Nevada v. Masto, 670 F.3d 1046, 1066 (9th Cir. 2012) (explaining that the defendants are entitled to a stay as a matter of right upon appeal and posting of a sufficient bond). The execution of the judgment is…

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