California Code of Civil Procedure

Overview:
Under California Code of Civil Procedure (CCP) § 917.1, when a party appeals to a judgment requiring the payment of money, enforcement of that judgment is not automatically stayed. Instead, the appellant (the party appealing) must post an undertaking (a bond) to stay enforcement while the appeal is pending.

Subdivision (b) specifically states:

• The amount of the undertaking (bond) required to stay enforcement of a money judgment must be 1.5 times (150%) of the amount of the judgment unless the court determines a different amount is appropriate.
• The purpose of this bond is to ensure the judgment creditor (the winning party) can collect the judgment amount if the appeal is unsuccessful.

Key Points of CCP § 917.1, Subd. (b):

1. Stay of Enforcement Requires a Bond:
   • Unlike other types of appeals, an appellant cannot stop enforcement of a money judgment simply by filing an appeal. They must post a bond to secure the judgment amount.
2. Standard Bond Amount:
   • The default amount is 1.5 times (150%) of the judgment.
   • Example: If the judgment is $100,000, the bond must be at least $150,000.
3. Court Discretion to Modify Bond:
   • The court has the authority to increase or decrease the bond amount based on specific circumstances.
4. Purpose of the Bond:
   • Ensures that the winning party (judgment creditor) is protected from financial loss due to the delay caused by the appeal.
   • Deters frivolous appeals by requiring the losing party to provide financial security.

Exceptions & Related Rules:

• This rule generally applies to money judgments but does not apply to judgments involving injunctive relief, real property possession, or family law matters—which may have different stay rules.
• Some governmental entities may be exempt from posting a bond in certain cases.