Selma Auto Mall II v. Appellate Department

In the published portion of this opinion we decide that ordering an appellant, as a condition to staying enforcement of a writ of possession pending appeal, to guarantee payment of attorney fees awarded against other, nonappealing parties is an abuse of discretion. In the unpublished portion we conclude that the appellate department of respondent Fresno County Superior Court acted in excess of jurisdiction when it purported to make postremittitur orders concerning an appeal bond. Jurisdiction lies solely in the trial court. We will grant appropriate writ relief.

Facts and Procedural History

Real parties in interest Ralph Kazarian, Jr., Donald M. Serimian, Lionel M. Serimian, Daniel L. Serimian, David M. Serimian, Marlon D. Serimian, and Leslie A. Morgan (collectively, landlords) own commercial premises in Selma, California. In 1984, they entered into a 10-year lease with Beckhaus Enterprises, Inc. (Beckhaus), which operated Selma Honda on the leased premises. In 1986, James R. and Judy Williams (Williams) purchased Beckhaus. Williams subsequently formed NJB Wheels West, Inc. (NJB) and owned 100 percent of its stock. Williams then transferred their shares of Beckhaus to…