UndertakingsUndertaking on Appeal

Section § 489.410

Explanation

This law says that after a defendant wins a judgment, they can ask the court to increase the financial guarantee (called an 'undertaking') related to an attachment on the property, if it's reasonable based on expected harm. If not increased within 10 days, the attachment is removed. If the undertaking is increased, the appeal undertaking must match this new amount. Also, if the plaintiff seeks actions like a new trial, they must provide a guarantee to cover costs from continuing the attachment, unless it's already included in the appeal undertaking.

(a)CA Civil Procedure Code § 489.410(a) At any time after entry of judgment in favor of the defendant and before perfection of an appeal under Section 921, upon motion of the defendant, the trial court may order an increase in the amount of the original undertaking on attachment in such amount, if any, as is justified by the detriment reasonably to be anticipated by continuing the attachment. Unless such undertaking is filed within 10 days after such order, the attachment shall be set aside and the property released therefrom.
(b)CA Civil Procedure Code § 489.410(b) If an order increasing the undertaking is made, the amount of the undertaking on appeal required by Section 921 shall be the same as the amount fixed by the trial court in such order.
(c)CA Civil Procedure Code § 489.410(c) Neither the pendency nor granting of a motion timely filed and served by the plaintiff for vacation of judgment or for judgment notwithstanding the verdict or for new trial shall continue an attachment in force unless an undertaking is given by the plaintiff to pay all costs and damages sustained by continuing the attachment. The undertaking may be included in the undertaking specified in Section 921. If not so included, the same procedure shall apply as in case of an undertaking pursuant to Section 921.
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Section § 489.420

Explanation

If someone loses a court case and decides to appeal, they can put up a financial guarantee called an 'undertaking' to pause the enforcement of the judgment. If this happens, any property the court has taken from them will be returned unless there is a formal objection to the guarantee or until the court decides the guarantee is acceptable.

If a defendant appeals and the enforcement of the judgment against the defendant is stayed by the filing of a sufficient undertaking on appeal as provided by this code, all property of the defendant which has been attached in the action shall be released from the attachment upon the failure of the respondent to object to the undertaking within the time prescribed by statute or, if an objection is made, upon a determination that the undertaking is sufficient.
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