BILL NUMBER: AB 2154	INTRODUCED
	BILL TEXT


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  which 
 that  otherwise would not have been awarded as costs
pursuant to Section 1033.5.
   (3) Costs awarded pursuant to Section 1141.21  which
  that otherwise would not have been awarded as
costs pursuant to Section 1033.5. 
   (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. 
   (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order or any part of it is affirmed or the appeal is withdrawn or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  which   that 
may have accrued pending the appeal and entry of the remittitur, and
costs  which   that  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  ; and such   . Those  cases shall
be governed, instead, by  the provisions of  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.