If a defendant appeals and the enforcement of the judgment against the defendant is stayed by the filing of a sufficient undertaking on appeal as provided by this code, all property of the defendant which has been attached in the action shall be released from the attachment upon the failure of the respondent to object to the undertaking within the time prescribed by statute or, if an objection is made, upon a determination that the undertaking is sufficient.
§ 489.420.Release of Property Upon Failure of Respondent to Timely Object to Undertaking
Title 6.5. Attachment · Chapter 9. Undertakings · Article 4. Undertaking on Appeal · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 489.420 releases all of a defendant's attached property once the defendant appeals and stays enforcement with a sufficient undertaking on appeal, whether because the respondent never timely objects to that undertaking or because an objection is resolved in the defendant's favor.
Full Text of § 489.420
Plain-English Summary
An appeal and a sufficient undertaking on appeal together do more than pause enforcement of the judgment -- they free the attachment entirely. Section 489.420 provides that once a defendant appeals and stays enforcement by filing a sufficient appeal undertaking, all previously attached property is released.
Release happens in either of two ways: the respondent (the plaintiff below) lets the statutory deadline pass without objecting to the undertaking, or the respondent objects and the objection is resolved by a determination that the undertaking is sufficient after all.
This rule connects the appeal-bond mechanics elsewhere in the code to the attachment remedy specifically -- it is the provision that converts a successful appeal bond into freed property, rather than leaving the attachment lingering alongside a stayed judgment.
Frequently Asked Questions
Does appealing and posting an appeal bond release attached property?
Yes. Section 489.420 releases all attached property once the defendant's appeal stays enforcement of the judgment through a sufficient undertaking on appeal, subject to the respondent's opportunity to object.
What if the plaintiff objects to the appeal undertaking?
Section 489.420 still releases the property once the objection is resolved by a determination that the undertaking is sufficient; if the respondent never objects within the statutory time, release happens automatically.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 115.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: release of attachment on appeal californiaappeal bond attachment release