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 forbegin delete attorneys’end deletebegin insert attorney’send insert fees or costs, or both, awardedbegin delete pursuant to specified provisions of theend deletebegin insert in a proceeding under theend insert
Family Code, unless an undertaking is givenbegin delete and the trial court determines that the enforcement of the judgment or order shall be stayedend 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 insertSection 917.75 is added to the end insertbegin insertCode of Civil
2Procedureend insertbegin insert, end insertimmediately following Section 917.7begin insert, to read:end insert
The perfecting of an appeal shall not stay enforcement
2of the judgment or order of the trial court awarding attorney’s
3fees or costs, or both, if the judgment or order appealed from was
4rendered in a proceeding under the Family Code, unless an
5undertaking is given in a sum and upon conditions fixed by the
6trial court.
Section 917.1 of the Code of Civil Procedure is
8amended to read:
(a) Unless an undertaking is given, the perfecting of an
10appeal shall not stay enforcement of the judgment or order in the
11trial court if the judgment or order is for any of the following:
12(1) Money or the payment of money, whether consisting of a
13special fund or not, and whether payable by the appellant or another
14party to the action.
15(2) Costs awarded pursuant to Section 998 that otherwise would
16not have been awarded as costs pursuant to Section 1033.5.
17(3) Costs awarded pursuant to Section 1141.21
that otherwise
18would not have been awarded as costs pursuant to Section 1033.5.
19(4) Attorney’s fees or costs, or both, awarded pursuant to Section
202030, 3121, 6344, 7605, or 7640 of the Family Code, unless the
21trial court determines that the enforcement of the judgment or order
22shall be stayed.
23(b) The undertaking shall be on condition that if the judgment
24or order or any part of it is affirmed or the appeal is withdrawn or
25dismissed, the party ordered to pay shall pay the amount of the
26judgment or order, or the part of it as to which the judgment or
27order is affirmed, as entered after the receipt of the remittitur,
28together with any interest
that may have accrued pending the appeal
29and entry of the remittitur, and costs that may be awarded against
30the appellant on appeal. This section shall not apply in cases where
31the money to be paid is in the actual or constructive custody of the
32court. Those cases shall be governed, instead, by Section 917.2.
33The undertaking shall be for double the amount of the judgment
34or order unless given by an admitted surety insurer in which event
35it shall be for one and one-half times
the amount of the judgment
36or order. The liability on the undertaking may be enforced if the
37party ordered to pay does not make the payment within 30 days
38after the filing of the remittitur from the reviewing court.
39(c) If a surety on the undertaking pays the judgment, either with
40or without action, after the judgment is affirmed, the surety is
P3 1substituted to the rights of the creditor and is entitled to control,
2enforce, and satisfy the judgment, in all respects as if the surety
3had recovered the judgment.
4(d) Costs awarded by the trial court under Chapter 6
5(commencing with Section 1021) of Title 14 shall be included in
6the amount of the judgment or order for the purpose of applying
7paragraph (1) of subdivision (a) and subdivision (b). However, no
8undertaking shall be required pursuant to this section solely for
9costs awarded under Chapter 6 (commencing with Section 1021)
10of
Title 14.
O
98