If an undertaking required or permitted by this title is objected to by the respondent and the court determines the undertaking is insufficient and a sufficient undertaking is not given within the time provided by statute, enforcement of the judgment or order appealed from is no longer stayed and property which has been levied upon under execution issued upon such judgment shall not be released from levy.
§ 922.Determination that Undertaking Insufficient and Sufficient Undertaking Not Given In Time Provided By Statute
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 922 provides that if the respondent objects to an undertaking, the court finds it insufficient, and a sufficient undertaking isn't given within the statutory time, the stay of enforcement ends and any property already levied on under execution stays levied.
Full Text of § 922
Plain-English Summary
Posting a bond isn't the end of the story if the other side thinks it's inadequate. This section covers what happens when the respondent objects to an undertaking required or permitted somewhere in this title, and the court agrees the undertaking is insufficient.
The consequence is plain once the deadline for fixing it passes without a sufficient undertaking being given: the stay of enforcement of the judgment or order ends. Enforcement can resume as if no stay had ever been in place. And any property that was already levied on under an execution issued on the judgment doesn't get released from that levy just because the appellant tried, and failed, to post an adequate bond.
Frequently Asked Questions
What happens if the respondent successfully challenges the sufficiency of an appeal bond?
If the court determines the undertaking is insufficient and a sufficient one isn't given within the time provided by statute, enforcement of the judgment or order is no longer stayed.
Does property already levied on get released if the appellant's undertaking turns out to be insufficient?
No. Section 922 specifies that property already levied on under execution issued on the judgment is not released from that levy.
Which undertakings does § 922 apply to?
Any undertaking required or permitted under this title, when the respondent objects to it and the court finds it insufficient.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 161.
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
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