Perspective
Feb. 24, 2010
Differentiating Cost Awards From Judgments
Practitioner Steven Andre says courts have applied a muddled approach over whether a "costs only" judgment is subject to the undertaking requirement.
By Steven Andre
Code of Civil Procedure Section 917.1 states an exception to the general rule that an appeal stays trial court proceedings, including enforcement of a judgment. Money judgments require an undertaking to stay enforcement. Costs, prior to 1986, were not considered subject to the exceptions. Cases considering the question recognized that requiring a bond for almost every appealed judgment would be contrary to the legislative intent to require an undertaking o...For only $95 a month (the price of 2 article purchases)
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