Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2154

Introduced by Assembly Member Jones

February 20, 2014

An act to begin delete amend Section 917.1 of end delete begin insert add Section 917.75 to end insert the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL’S DIGEST

AB 2154, as amended, 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 begin delete attorneys’ end delete begin insert attorney’s end insert fees or costs, or both, awarded begin delete pursuant to specified provisions of the end delete begin insert in a proceeding under the end insert Family Code, unless an undertaking is given begin delete and the trial court determines that the enforcement of the judgment or order shall be stayed end delete .

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 917.75 is added to the end insert begin insert Code of Civil
Procedure end insert begin insert , end insert immediately following Section 917.7 begin insert , to read: end insert

begin insert

begin insert 917.75. end insert   

The perfecting of an appeal shall not stay enforcement
of the judgment or order of the trial court awarding attorney’s
fees or costs, or both, if the judgment or order appealed from was
rendered in a proceeding under the Family Code, unless an
undertaking is given in a sum and upon conditions fixed by the
trial court.

end insert

begin delete

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 that otherwise would
not have been awarded as costs pursuant to Section 1033.5.

(3) Costs awarded pursuant to Section 1141.21 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 that may have accrued pending the appeal
and entry of the remittitur, and costs 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. Those cases shall be governed, instead, by 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.

end delete