Banks

—This is a petition for writ of mandate or supersedeas seeking a stay of enforcement of a money judgment without bond. The trial court awarded defendants and respondents a summary judgment consisting of attorney’s fees imposed as sanctions, costs, and attorney’s fees awarded the prevailing parties pursuant to contract. The judgment includes no actual damages. The issue is whether such a judgment is automatically stayed on appeal pursuant to Code of Civil Procedure section 916. The trial court refused to stay the judgment without bond pursuant to Code of Civil Procedure section 917.1. We agree with the trial court that the automatic stay does not apply and therefore the judgment must be bonded, and accordingly we will deny the writ and dissolve our temporary stay of execution.

Record

Petitioners Mattie A. Banks and Louis Milani are respectively plaintiff below and her attorney. Banks filed this action against defendants pursuant to the “Home Equity Sales Contracts” statute (Civ. Code, § 1695 et seq.) seeking equitable relief, damages, and attorney’s fees and costs. The complaint was served by mail on defendants and respondents Manos and Peponis. Defendants did not…