BILL NUMBER: AB 2377	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 24, 2012

   An act  to amend Section 917.1 of the Code of Civil Procedure,
  relating to  workers' compensation  
enforcement of judgments  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2377, as amended, Huber.  Workers' compensation.
  Enforcement of judgments: appeals   . 

   Existing law specifies the circumstances in which an undertaking
is required in order for the enforcement of a judgment or order to be
stayed on appeal, including if the judgment or order is for money or
the payment of money, or for costs awarded pursuant to specified
provisions. Existing law requires that the undertaking in these cases
be for double the amount of the judgment or order unless given by an
admitted surety insurer, in which event the judgment would be 11/2
times the amount of the judgment or order.  
   This bill would provide that the undertaking be set at the amounts
described above unless the court, after notice and hearing, and for
good cause shown, determines that a different amount is appropriate.
The bill would also make technical, nonsubstantive changes to these
provisions.  
   Existing law establishes a system of payment of workers'
compensation, administered by the Administrative Director of Workers'
Compensation, to compensate for injuries incurred by employees that
arise out of, or in the course of, employment.  
   This bill would declare the intent of the Legislature to enact
legislation reforming the workers' compensation system. 
   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.
   (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 
    (c)     The amount of the  undertaking
shall be for double the amount of the judgment or order unless
 given   one of the following apply: 
    (1)     If given  by an admitted
surety insurer  in which event it   , the
undertaking  shall be for one and one-half times the amount of
the judgment or order.  The liability 
    (2)     If the court, after notice and
  hearing, and for good cause shown, determines a different
amount for the undertaking is appropriate, then that amount shall
apply. 
    (d)     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) 
    (e)  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) 
    (f)  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. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation reforming the workers' compensation system.