California Legislature—2013–14 Regular Session

Assembly Bill No. 2154

Introduced by Assembly Member Jones

February 20, 2014

An act to amend Section 917.1 of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL’S DIGEST

AB 2154, as introduced, Jones. Appeals in civil actions: stay of enforcement.

Existing law provides that, unless an undertaking is given, the perfecting of an appeal shall not stay the enforcement of a judgment or order for money or the payment of money, or for costs awarded pursuant to specified provisions.

This bill would provide that the perfecting of an appeal shall also not stay the enforcement of a judgment or order for attorneys’ fees or costs, or both, awarded pursuant to specified provisions of the Family Code, unless an undertaking is given and the trial court determines that the enforcement of the judgment or order shall be stayed.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 917.1 of the Code of Civil Procedure is
amended to read:

917.1.  

(a) Unless an undertaking is given, the perfecting of an
appeal shall not stay enforcement of the judgment or order in the
trial court if the judgment or order is for any of the following:

(1) Money or the payment of money, whether consisting of a
special fund or not, and whether payable by the appellant or another
party to the action.

(2) Costs awarded pursuant to Section 998 begin delete which end delete begin insert that end insert otherwise
would not have been awarded as costs pursuant to Section 1033.5.

(3) Costs awarded pursuant to Section 1141.21 begin delete which end delete begin insert that end insert
otherwise would not have been awarded as costs pursuant to
Section 1033.5.

begin insert

(4) Attorney’s fees or costs, or both, awarded pursuant to
Section 2030, 3121, 6344, 7605, or 7640 of the Family Code,
unless the trial court determines that the enforcement of the
judgment or order shall be stayed.

end insert

(b) The undertaking shall be on condition that if the judgment
or order or any part of it is affirmed or the appeal is withdrawn or
dismissed, the party ordered to pay shall pay the amount of the
judgment or order, or the part of it as to which the judgment or
order is affirmed, as entered after the receipt of the remittitur,
together with any interest begin delete which end delete begin insert that end insert may have accrued pending
the appeal and entry of the remittitur, and costs begin delete which end delete begin insert that end insert may
be awarded against the appellant on appeal. This section shall not
apply in cases where the money to be paid is in the actual or
constructive custody of the court begin delete ; and such end delete begin insert . Those end insert cases shall be
governed, instead, by begin delete the provisions of end delete Section 917.2. The
undertaking shall be for double the amount of the judgment or
order unless given by an admitted surety insurer in which event it
shall be for one and one-half times the amount of the judgment or
order. The liability on the undertaking may be enforced if the party
ordered to pay does not make the payment within 30 days after
the filing of the remittitur from the reviewing court.

(c) If a surety on the undertaking pays the judgment, either with
or without action, after the judgment is affirmed, the surety is
substituted to the rights of the creditor and is entitled to control,
enforce, and satisfy the judgment, in all respects as if the surety
had recovered the judgment.

(d) Costs awarded by the trial court under Chapter 6
(commencing with Section 1021) of Title 14 shall be included in
the amount of the judgment or order for the purpose of applying
paragraph (1) of subdivision (a) and subdivision (b). However, no
undertaking shall be required pursuant to this section solely for
costs awarded under Chapter 6 (commencing with Section 1021)
of Title 14.