Bill Text: CA SB1478 | 2011-2012 | Regular Session | Introduced

California Senate Bill 1478 (Prior Session Legislation)

Introduced

Bill Title: Appeals: undertaking.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-05-08 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 3460.) [SB1478 Detail]

Download: California-2011-SB1478-Introduced.html

BILL NUMBER: SB 1478	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman
   (Coauthors: Assembly Members Beth Gaines and Wagner)

                        FEBRUARY 24, 2012

   An act to amend Section 917.1 of the Code of Civil Procedure,
relating to appeals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1478, as introduced, Harman. Appeals: undertaking.
   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.
   This bill would provide that the undertaking in these cases shall
not exceed $25,000,000, and, if the party posting the undertaking is
an individual or small business, as defined, the undertaking shall
not exceed $1,000,000.
   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   Subject to the limitations of this
subdivision, 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withdrawn or dismissed, the party ordered to pay shall pay the amount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. 
However, in no case shall the undertaking exceed  
twenty-five million dollars ($25,000,000). If the party posting the
undertaking is an individual or a small business, as defined in
Section 14837 of the Government Code, on the date of the judgment,
the undertaking shall not exceed one million dollars ($1,000,000).
 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.