§ 917.9.Judgment Or Order In Cases Not Provided For In Sections 917.1 to 917.8
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 1994 · Last verified July 28, 2026
In one sentenceSection 917.9 lets the trial court, in its discretion, require an undertaking sufficient to cover the respondent's likely damages before an appeal stays enforcement of a judgment or order not otherwise covered by §§ 917.1 through 917.8, in three specified situations.
(a)The perfecting of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8, inclusive, if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases:
(1)Appellant was found to possess money or other property belonging to respondent.
(2)Appellant is required to perform an act for respondent's benefit pursuant to judgment or order under appeal.
(3)The judgment against appellant is solely for costs awarded to the respondent by the trial court pursuant to Chapter 6 (commencing with Section 1021) of Title 14.
(b)The undertaking shall be in a sum fixed by the court and shall be in an amount sufficient to cover all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment or order.
(c)The undertaking shall be in the sum fixed by the court. The undertaking shall be conditioned upon the performance of the judgment or order appealed from or payment of the sums required by the judgment or order appealed from, if the judgment or order is affirmed or the appeal is withdrawn or dismissed, and it shall provide that if the judgment or order appealed from or any part of it is affirmed, or the appeal is withdrawn or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment.
(d)For the purpose of this section, "damages" means either of the following:
(1)Reasonable compensation for the loss of use of the money or property.
(2)Payment of the amounts specified in paragraph (3) of subdivision (a).
Plain-English Summary
This is the chapter's catch-all. When a judgment or order doesn't fit any of the specific categories in §§ 917.1 through 917.8, the trial court can still require an undertaking — but only in one of three situations: the appellant was found to possess money or property belonging to the respondent, the appellant is required to perform an act for the respondent's benefit under the judgment, or the judgment against the appellant is solely for costs awarded under Chapter 6 (commencing with § 1021).
Unlike the fixed formulas elsewhere in this chapter, the trial court sets the sum here in an amount sufficient to cover all damages the respondent may sustain because enforcement was stayed. The undertaking is conditioned on performing the judgment or paying what it requires if it's affirmed, withdrawn, or dismissed, and it must provide that the appellant will pay those same damages if that happens.
Section 917.9 also defines what counts as "damages" for this purpose: reasonable compensation for the loss of use of the money or property involved, or, in the costs-only scenario, payment of the cost amount itself.
Frequently Asked Questions
When does § 917.9 apply instead of one of the other sections in this chapter?
Only when the judgment or order isn't covered by §§ 917.1 through 917.8, and only in one of three situations: the appellant holds money or property belonging to the respondent, the appellant must perform an act for the respondent's benefit, or the judgment is solely for costs awarded under Chapter 6 (commencing with § 1021).
Is the undertaking under § 917.9 mandatory?
No. The trial court requires it in its discretion, and only if the undertaking isn't given does enforcement remain unstayed.
How is the undertaking amount determined here?
The court fixes a sum sufficient to cover all damages the respondent may sustain from the delay in enforcement.
What does "damages" mean under § 917.9?
Reasonable compensation for the loss of use of the money or property at issue, or, where the judgment is solely for Chapter 6 costs, payment of that cost amount.
Amendment History
Amended by Stats. 1994, Ch. 493, Sec. 3. Effective September 12, 1994.
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 917.9 catch all appeal bond californiadiscretionary undertaking appeal californiastay enforcement judgment not otherwise covered appeal