The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from appoints a receiver, unless an undertaking in a sum fixed by the trial court is given on condition that if the judgment or order is affirmed or the appeal is withdrawn, or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment.
§ 917.5.Judgment Or Order Appointing Receiver
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 917.5 requires an undertaking, in a sum the trial court fixes, conditioned on paying all damages the respondent sustains from the delay, before an appeal stays a judgment or order that appoints a receiver.
Full Text of § 917.5
Plain-English Summary
A judgment appointing a receiver hands over control of property or a business to a court-supervised custodian, and § 917.5 treats stopping that appointment on appeal the same way this chapter treats other consequential stays — only with a bond. The trial court fixes the amount of the undertaking.
The condition is broad rather than itemized: if the judgment or order is affirmed, or the appeal is withdrawn or dismissed, the appellant has to pay whatever damages the respondent sustains because enforcement of the judgment was stayed. That covers the range of harm a delayed receivership can cause, without limiting it to a specific category like waste or lost use.
Frequently Asked Questions
What triggers the bond requirement in § 917.5?
A judgment or order appointing a receiver.
How is the undertaking amount determined?
The trial court fixes the sum.
What does the undertaking under § 917.5 have to cover?
All damages the respondent may sustain because enforcement of the judgment appointing the receiver was stayed, if the judgment is affirmed or the appeal is withdrawn or dismissed.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 157.
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: ccp 917.5 stay order appointing receiver appealappeal bond receiver appointment californiastay receivership pending appeal california