Grant

The issue raised by this petition is whether a respondent on appeal may request the trial court to increase an undertaking posted to stay enforcement of a judgment pursuant to Code of Civil Procedure section 917.1. The parties do not dispute that the original undertaking in the statutory sum of one and one-half times the amount of the judgment was posted properly. Respondent contends that where the undertaking is, or may be, insufficient due to compilation of interest during pendency of appeal the trial court may, upon proper application, increase the amount of the undertaking. The trial court so found.

Petitioners have sought a writ of prohibition in this court upon which we granted a stay. They do not challenge the trial court’s finding that the bond had in fact become insufficient, or the exercise of discretion in determining what amount would be sufficient. Rather, petitioners challenge the power of the court upon a finding of insufficiency to order a modification of the amount of the bond which exceeds the original bond of one and one-half times the judgment posted pursuant to section 917.1. We reject petitioners’ claim, deny the petition for writ of prohibition and…