CALG’s Johanna Schiavoni and Matt Stucky won a pivotal writ of supersedeas staying further development of a lot adjacent to their client’s home, which would have interfered with the home’s utility easements and spectacular views.
The writ arose out of an appeal from the opposing party’s successful judgment after bench trial. The trial court refused to stay construction pending the appeal, so Johanna and Matt sought a stay through a writ of supersedeas to prevent irrevocable injury from further construction efforts.
The California Court of Appeal, Fourth Appellate District, Division One, issued the writ and halted all further development on the property until resolution of the appeal. Excavators and pipe-layers froze mid-work.
After the writ proceedings fundamentally changed the dynamics of the case, the parties reached a settlement.