BILL NUMBER: AB 2154	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2014

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 20, 2014

   An act to  amend Section 917.1 of   add
Section 917.75 to  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 
attorneys'   attorney's  fees or costs, or both,
awarded  pursuant to specified provisions of the 
 in a proceeding under 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 917.75 is added to the 
 Code of Civil Procedure   ,  immediately following
Section 917.7  , to read:  
   917.75.  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. 

  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.