§ 917.9.Judgment Or Order In Cases Not Provided For In Sections 917.1 to 917.8
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 1994 · Last verified July 28, 2026
Full Text of § 917.9
Plain-English Summary
This is the chapter's catch-all. When a judgment or order doesn't fit any of the specific categories in §§ 917.1 through 917.8, the trial court can still require an undertaking — but only in one of three situations: the appellant was found to possess money or property belonging to the respondent, the appellant is required to perform an act for the respondent's benefit under the judgment, or the judgment against the appellant is solely for costs awarded under Chapter 6 (commencing with § 1021).
Unlike the fixed formulas elsewhere in this chapter, the trial court sets the sum here in an amount sufficient to cover all damages the respondent may sustain because enforcement was stayed. The undertaking is conditioned on performing the judgment or paying what it requires if it's affirmed, withdrawn, or dismissed, and it must provide that the appellant will pay those same damages if that happens.
Section 917.9 also defines what counts as "damages" for this purpose: reasonable compensation for the loss of use of the money or property involved, or, in the costs-only scenario, payment of the cost amount itself.
Frequently Asked Questions
When does § 917.9 apply instead of one of the other sections in this chapter?
Only when the judgment or order isn't covered by §§ 917.1 through 917.8, and only in one of three situations: the appellant holds money or property belonging to the respondent, the appellant must perform an act for the respondent's benefit, or the judgment is solely for costs awarded under Chapter 6 (commencing with § 1021).
Is the undertaking under § 917.9 mandatory?
No. The trial court requires it in its discretion, and only if the undertaking isn't given does enforcement remain unstayed.
How is the undertaking amount determined here?
The court fixes a sum sufficient to cover all damages the respondent may sustain from the delay in enforcement.
What does "damages" mean under § 917.9?
Reasonable compensation for the loss of use of the money or property at issue, or, where the judgment is solely for Chapter 6 costs, payment of that cost amount.
Amendment History
Amended by Stats. 1994, Ch. 493, Sec. 3. Effective September 12, 1994.