No supersedeas bond is needed to stay enforcement of a money judgment on appeal if the appellant pays any damages the judgment awards and appeals only the judgment’s award of attorney fees and costs. As amended in 1993 after the decision in Bank of San Pedro v. Superior Court (1992) 3 Cal.4th 797, CCP 917.1 now requires a supersedeas bond for any money judgment, except one for costs awarded under CCP 1021-1038. Attorney fees awarded under contract, a statute, or “law” are costs that do not need to be bonded, including fees and costs awarded under federal law. This case holds that the amended statute does away with the routine/non-routine cost distinction that Bank of San Pedro relied upon, though codifying that case’s narrow holding that expert witness fees awarded under CCP 998 must be bonded. Finally, the decision follows Ziello v. Superior Court (1999) 75 Cal.App.4th 651 in holding that a defendant need not post a bond if it pays the damages awarded by a judgment and appeals only the costs and fees the judgment awards.
California Court of Appeal, Fourth District, Division 3 (per curiam); March 27, 2017; 2017 WL 1130936