Thomas

Appeal from the order granting Thomas’ “Motion to Vacate Notice of Exception to Sureties and Demand for Justification.”

In 1978, the Williams obtained a Nevada money judgment in the sum of $105,487.50 against Thomas. The judgment was entered in California pursuant to the sister state money judgments act (Code Civ. Proc. §§ 1710.10-1710.65.) Thomas’ motion to stay enforcement of the judgment was granted pending the finality of Nevada litigation regarding the underlying judgment, on condition that Thomas file an undertaking in the amount of $140,000. (Code Civ. Proc., § 1710.50.)

On October 5, 1978, after a hearing, the court accepted an amended undertaking filed on behalf of Thomas by individual sureties Pat Benton, William Grant, James Hobley and James Taylor. The court also “approved” the justification of each of the individual sureties; however, on November 16, 1978, the court granted the Williams’ motion to vacate the October 5 order and the stay of the proceedings.

On February 23, 1979, Thomas obtained a peremptory writ of mandate from Division Four of this court ordering the superior court to vacate its November 16 “order vacating stay” and requiring it to make a…