BILL NUMBER: AB 1639	CHAPTERED  07/02/03

	CHAPTER  31
	FILED WITH SECRETARY OF STATE  JULY 2, 2003
	APPROVED BY GOVERNOR  JULY 2, 2003
	PASSED THE SENATE  JUNE 24, 2003
	PASSED THE ASSEMBLY  MAY 12, 2003
	AMENDED IN ASSEMBLY  MAY 6, 2003

INTRODUCED BY   Assembly Member Firebaugh

                        FEBRUARY 21, 2003

   An act to amend Section 917.8 of the Code of Civil Procedure,
relating to appeals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1639, Firebaugh.  Appeals:  nuisance.
   Existing law provides that the perfecting of an appeal stays
proceedings, with specified exceptions, including, but not limited
to, if a judgment or order adjudges a building or place to be a
nuisance, and directs the closing or discontinuance of any specific
use of the building or place for any period of time.
   This bill would also prohibit a stay of proceedings, if a judgment
or order grants relief in specified nuisance abatement actions
brought by a governmental agency.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 917.8 of the Code of Civil Procedure is amended
to read:
   917.8.  The perfecting of an appeal does not stay proceedings, in
the absence of an order of the trial court providing otherwise or of
a writ of supersedeas, under any of the following circumstances:
   (a) If a party to the proceeding has been adjudged guilty of
usurping, or intruding into, or unlawfully holding a public office,
civil or military, within this state.
   (b) If the judgment or order directs a corporation, or any of its
officers or agents, to give to a person adjudged to be a director,
stockholder, or member of that corporation a reasonable opportunity
to inspect or make copies of the books, papers, or documents of the
corporation as the trial court finds that the director, stockholder,
or member is entitled by law to inspect or copy.
   (c) If a judgment or order adjudges a building or place to be a
nuisance and, as part of that judgment or order, directs the closing
or discontinuance of any specific use of the building or place for
any period of time.
   (d) If a judgment or order, including, but not limited to, a
temporary restraining order or preliminary injunction, grants relief
in an action brought by a governmental agency under the provisions of
Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of
Part 4 of the Penal Code or Article 3 (commencing with Section
11570) of Chapter 10 of Division 10 of the Health and Safety Code.