Staying a California judgment on appeal: the appeal stays most things, but not a money judgment

Filing an appeal in California stops most of what the trial court can do. It does not stop a money judgment from being enforced. A judgment creditor can levy on your bank account while your appeal is pending unless you post an undertaking.

Understanding which side of that line your judgment falls on is the first question, and the trial court's own stay power is far narrower than most people expect.

The general rule: the appeal stays things

CCP 916(a):

Except as provided in Sections 917.1 to 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.

Two halves. The appeal freezes the judgment and everything affected by it; the trial court keeps going on everything else.

Subdivision (b) handles the reverse case: where there is a stay of proceedings other than enforcement, "the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter … not affected by the judgment or order appealed from."

So the two things — the merits and the enforcement — can be stayed independently of each other.

The exception that swallows the rule

CCP 917.1(a):

Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the following: (1) Money or the payment of money, whether consisting of a special fund or not, and whether payable by the appellant or another party to the action. (2) Costs awarded pursuant to Section 998 which otherwise would not have been awarded as costs pursuant to Section 1033.5. (3) Costs awarded pursuant to Section 1141.21 which otherwise would not have been awarded as costs pursuant to Section 1033.5.

Paragraph (1) covers the ordinary money judgment. Paragraphs (2) and (3) are narrower and worth noticing: they catch the expert fees and other costs a CCP 998 offer or a judicial arbitration award can shift — amounts that would not have been recoverable as ordinary costs. Those, too, are enforceable during an appeal unless secured.

The guide on the California 998 offer covers how those costs arise.

What the undertaking promises — subdivision (b): it is on condition that if the judgment "is affirmed or the appeal is withdrawn or dismissed, the party ordered to pay shall pay

the amount of the judgment or order, or the part of it as to which the judgment or order is affirmed, as entered after the receipt of the remittitur, together with any interest which may have accrued pending the appeal and entry of the remittitur, and costs which may be awarded against the appellant on appeal."

Three components: the judgment, the interest accrued during the appeal, and the appellate costs. Interest runs throughout at the CCP 685.010 rate, so a long appeal on a large judgment adds materially to what the undertaking must cover. The guide on renewing a California judgment covers that rate, including the 5 percent figure now applying to certain medical and consumer-debt judgments.

Personal property judgments

CCP 917.2: perfecting an appeal does not stay enforcement where the judgment "directs the assignment or delivery of personal property, including documents, whether by the appellant or another party, or the sale of personal property upon the foreclosure of a mortgage, or other lien thereon," unless an undertaking "in a sum and upon conditions fixed by the trial court" is given.

The undertaking's conditions here are different. It secures that the appellant "will obey and satisfy the order of the reviewing court, and will not commit or suffer to be committed any damage to the property," and that on affirmance, withdrawal or dismissal the appellant "shall pay the damage suffered to such property and the value of the use of such property for the period of the delay caused by the appeal."

An alternative to a bond: "The appellant may cause the property to be placed in the custody of an officer designated by the court to abide the order of the reviewing court, and such fact shall be considered by the court" in fixing the undertaking.

Handing the property over to a court-designated officer is often cheaper than bonding its value, and the statute directs the court to take that into account.

The trial court's own stay power — and its 10-day ceiling

CCP 918 gives the trial court a discretionary stay, and then caps it sharply.

(a) Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order. (b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed. (c) This section applies whether or not an appeal will be taken from the judgment or order and whether or not a notice of appeal has been filed.

Read that carefully, because it is the provision people rely on and misjudge.

For a money judgment, the trial court's stay is a bridge, not a destination. It can carry you at most 10 days past the appeal-filing deadline. After that, without the other side's consent, only an undertaking will hold enforcement off.

But it is available immediately — subdivision (c) makes it usable before any notice of appeal is filed, and even if none will be. That makes CCP 918 the right first motion where you need breathing room to arrange a bond.

And consent changes everything. With the adverse party's agreement, the 10-day ceiling does not apply.

Depositing money instead of bonding

CCP 995.710(a) allows the principal, "without prior court approval," to make a deposit instead of giving a bond — except where the statute providing for the bond precludes a deposit or limits its form. Permitted deposits include:

• (1) Lawful money of the United States or a cashier's check, made payable to the officer, issued by a bank, savings association, or credit union authorized to do business in this state. The money "shall be held in trust by the officer in interest-bearing deposit or share accounts."
• (2) Bonds or notes, including bearer bonds and bearer notes, of the United States or the State of California, deposited by filing instructions with the court and serving them on all parties and the bank holding the instrument, designating the treasurer of the county where the judgment was entered as custodian "for the purpose of staying enforcement of the judgment."

For a party with liquid funds this can be faster and cheaper than a surety bond, and it does not require the court's advance approval. The deposit earns interest while it sits.

Which route applies

A short checklist

1. Decide first whether your judgment is for money. If it is, the appeal does not stay enforcement, and nothing you file changes that by itself.
2. Move under CCP 918 immediately if you need time — it works before a notice of appeal, and even if none is coming.
3. Diary the 10-day ceiling. Ten days past the last date for filing a notice of appeal is the outer limit of a CCP 918 stay for a money judgment without consent.
4. Ask the other side for consent. With it, the CCP 918 cap disappears.
5. Size the undertaking properly — judgment, interest accruing through the remittitur, and appellate costs.
6. Check whether CCP 998 costs were awarded. Those are separately unstayed under CCP 917.1(a)(2).
7. For personal property, consider handing it to a court officer instead of bonding. CCP 917.2 directs the court to weigh that in fixing the undertaking.
8. Consider a deposit instead of a bond. CCP 995.710 permits cash, a cashier's check, or federal or state bonds and notes, without prior court approval, and the deposit earns interest.
9. Remember what is not stayed. Under CCP 916(a) the trial court may still proceed on matters not affected by the judgment on appeal.

Where these sections live

• CCP 685.010 — Rate of interest
• CCP 916 — Effect of perfecting an appeal
• CCP 917.1 — Money judgments; undertaking required
• CCP 917.2 — Personal property judgments
• CCP 918 — The trial court's stay power
• CCP 995.710 — Deposit in lieu of bond
• CCP 998 — Offer to compromise
• CCP 1033.5 — Items allowable as costs
• CCP 699.510 — Issuance of a writ of execution

Appellate deadlines are set by the California Rules of Court, which this site doesn't reproduce. This page explains what the Code says. It isn't legal advice.