Thursday, May 25, 2017

To Pay Is to Stay

Quiles v. Parent, No. G054353 (D4d3 Mar. 27, 2017)

To stay enforcement of a money judgment pending appeal, the defendant needs to post a bond. Code Civ. Proc. § 917.1(a)(1). But a defendant does not need to post a bond when the only money award is for costs awardable under § 1033.5. See § 917.1(d). 

Defendant here fully satisfied a money damages judgment, which it did not appeal. But it is appealing a post-judgment award of costs and attorneys’ fees, and hasnt satisfied that yet. Plaintiff is trying to collect that award and the trial court is going along with it. Defendant requests a writ of supersedeas clarifying that collection is stayed pending the appeal.

Relying on a terse analysis in the only case on point, the court here finds that Defendant was entitled to stay of the judgment under § 917.1(d) because no bond is required to stay a costs-only judgment. Attorney fees count as costs when they are awardable under a statute or the law. § 1033.5(a)(10)(B), (C). Since paying of the damages left nothing but costs, Defendant was entitled to a stay.

Writ of supersedeas granted.

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