Bank of San Pedro v. Superior Court

Opinion

BAXTER, J.

Plaintiff in this action recovered nothing, and judgment was entered in defendant’s favor. The judgment awarded defendant expert witness fees pursuant to Code of Civil Procedure section 998, subdivision (c). The sole issue in this case is whether enforcement of the award of expert witness fees is automatically stayed by operation of law while the judgment is being appealed by plaintiff. We hold such a judgment is not automatically stayed and that the appellant must post an appeal bond or other sufficient undertaking to obtain a stay pending appeal.

Facts

The relevant facts are…