If you have taken and adverse verdict in California and feel that simply perfecting an appeal will stop collection procedures, you may be in trouble unless you have posted a California appeal bond. Section 916 of the California Code of Civil Procedure has exceptions, namely MONEY JUDGMENTS and costs awarded. Section 917.1(a) states clearly, "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 otherwise would not have been awarded as costs pursuant to Section 1033.5. (3) Costs awarded pursuant to Section 1141.21 which otherwise would not have been awarded as costs pursuant to Section 1033.5. (Not that "undertaking" is synonymous with "appeal bond" or "California supersedeas bond".) The validity of appeal bonds and who issues them are subject to the Bond and Undertaking Law, Code of Civil Procedure § 995.010, et seq. While the law allows for "personal sureties" to make themselves liable for appeal undertakings, it is a foolhardy practice. Corporate surety companies are the judicially preferred and statutorily authorized source for court bond suretyship. So in what amount should the California appeal bond be written? Sec. 917.1(b), 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.
California appeal bond leader, Surety One, Inc., is THE most agile underwriter of judicial bonds in the U.S. Our same day underwriting, rapid bond delivery and multiple collateral options cannot be touched! NO one comes close. Call (800) 373-2804, or email Underwriting@SuretyOne.com for application materials and help with your California appeal bond need.
Are you an employer that has taken an adverse award from the Labor Commissioner's Office? The rules are different for appeal bonds under the Labor Code. Read more about this particular surety bond here.
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