ZIELLO v. Superior Court

Opinion

EPSTEIN, J.

In this case we decide whether a judgment debtor, who pays and does not appeal the amount of a judgment for damages, but who does appeal from the trial court’s order after judgment assessing costs and attorney’s fees, is required to file an appeal bond to stay execution on the unpaid amounts. We conclude that an appeal bond is not required in this situation.

Factual and Procedural Summary

This case arises from an ongoing dispute between a mortgagor and mortgagee over proceeds from an earthquake insurance policy. The policy was obtained by the mortgagor without compulsion of…