Filing a notice of appeal in California does not stop the clock on collection. For most money judgments, the only thing standing between an appellant and a sheriff’s levy is a supersedeas bond, which California courts technically call an undertaking.
Attorneys who litigate civil appeals in California should know the basic framework before the trial court signs the judgment. Once that happens, the timeline gets tight.
A California supersedeas bond is an undertaking that stays enforcement of a judgment during appeal. Under California Code of Civil Procedure section 917.1, the bond must equal one and one-half times the judgment if issued by an admitted surety insurer, or twice the judgment if backed by personal sureties. It is filed in the trial court that entered the judgment.
California Code of Civil Procedure section 916 says that perfecting an appeal generally stays trial court proceedings. The problem is that section 917.1 carves out the largest category of judgments most appellants actually face: judgments for the payment of money.
Money judgments are not automatically stayed. Costs awarded under section 998 and section 1141.21 also aren’t stayed. The result is that the “automatic stay” rule has more exceptions than rules. For most civil appellants, posting a bond is the practical requirement.
The same general principle covers non-money judgments under other sections. Section 917.2 governs personal property, 917.4 governs real property, and 917.5 governs receivership orders. In each case, the trial court sets the amount of security.
Section 917.1(b) sets the formula. The undertaking must be for twice the amount of the judgment if it’s given by personal sureties, or one and one-half times the amount of the judgment if it’s given by an admitted surety insurer.
For most appellants, that math makes the admitted surety option much more attractive. A $1 million money judgment requires a $2 million personal surety undertaking, but only a $1.5 million corporate surety bond.
The bond covers the judgment, post-judgment interest accrued during the appeal, and any costs awarded on appeal.
California gives appellants a few alternatives to a traditional admitted surety undertaking.
Each option has its own friction. Cash ties up significant capital. Personal sureties are difficult to qualify under the statute. A writ of supersedeas is hard to win without first exhausting the bonding options.
The undertaking is filed in the trial court that entered the judgment, not in the Court of Appeal. Filing must happen before enforcement begins. Section 918(b) allows the trial court to grant a discretionary stay of up to 70 days, which can buy time for an appellant to underwrite and post a bond. To use it effectively, the motion should be filed before notice of entry of judgment.
Once the bond is filed, the surety company’s solvency and licensing must be on the record. California law requires the bond to comply with the Bond and Undertaking Law at section 995.010 and following.
Section 919 lets the trial court relieve the bond requirement when the appellant is acting in a representative capacity, including as an executor, administrator, trustee, guardian, or conservator. Judgments against most public entities are also exempted under section 995.220.
Outside those exceptions, attorneys handling a California civil appeal should treat the supersedeas bond as part of the appeal strategy from day one. The Jurisco team has decades of experience underwriting California court bonds and can issue admitted surety undertakings to keep your client’s appeal on track. Contact us to start the process.