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AB-2377 Enforcement of judgments: appeals.(2011-2012)

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Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2377


Introduced  by  Assembly Member Huber

February 24, 2012


An act to amend Section 917.1 of the Code of Civil Procedure, relating to workers’ compensation enforcement of judgments.


LEGISLATIVE COUNSEL'S DIGEST


AB 2377, as amended, Huber. Workers’ compensation. Enforcement of judgments: appeals.
Existing law specifies the circumstances in which an undertaking is required in order for the enforcement of a judgment or order to be stayed on appeal, including if the judgment or order is for money or the payment of money, or for costs awarded pursuant to specified provisions. Existing law requires that the undertaking in these cases be for double the amount of the judgment or order unless given by an admitted surety insurer, in which event the judgment would be 11/2 times the amount of the judgment or order.
This bill would provide that the undertaking be set at the amounts described above unless the court, after notice and hearing, and for good cause shown, determines that a different amount is appropriate. The bill would also make technical, nonsubstantive changes to these provisions.

Existing law establishes a system of payment of workers’ compensation, administered by the Administrative Director of Workers’ Compensation, to compensate for injuries incurred by employees that arise out of, or in the course of, employment.

This bill would declare the intent of the Legislature to enact legislation reforming the workers’ compensation system.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 917.1 of the Code of Civil Procedure is amended to read:

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 that otherwise would not have been awarded as costs pursuant to Section 1033.5.
(3) Costs awarded pursuant to Section 1141.21 which that otherwise would not have been awarded as costs pursuant to Section 1033.5.
(b) The undertaking shall be on condition that if the judgment or order or any part of it 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 that may have accrued pending the appeal and entry of the remittitur, and costs which that may be awarded against the appellant on appeal. This section shall not apply in cases where the money to be paid is in the actual or constructive custody of the court; and such. Those cases shall be governed, instead, by the provisions of Section 917.2. The
(c) The amount of the undertaking shall be for double the amount of the judgment or order unless given one of the following apply:
(1) If given by an admitted surety insurer in which event it, the undertaking shall be for one and one-half times the amount of the judgment or order. The liability
(2) If the court, after notice and hearing, and for good cause shown, determines a different amount for the undertaking is appropriate, then that amount shall apply.
(d) Liability on the undertaking may be enforced if the party ordered to pay does not make the payment within 30 days after the filing of the remittitur from the reviewing court.

(c)

(e) If a surety on the undertaking pays the judgment, either with or without action, after the judgment is affirmed, the surety is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment, in all respects as if the surety had recovered the judgment.

(d)

(f) Costs awarded by the trial court under Chapter 6 (commencing with Section 1021) of Title 14 shall be included in the amount of the judgment or order for the purpose of applying paragraph (1) of subdivision (a) and subdivision (b). However, no undertaking shall be required pursuant to this section solely for costs awarded under Chapter 6 (commencing with Section 1021) of Title 14.

SECTION 1.

It is the intent of the Legislature to enact legislation reforming the workers’ compensation system.