Pecsok

By their petition for a writ of supersedeas, plaintiffs, Thomas Pecsok and Judy Pecsok, seek a stay of execution on a judgment which awarded attorney fees, litigation expenses and other costs to the defendants Samuel Black and Carolyn S. Black. The trial court refused to recall and quash a writ of execution obtained by the defendants and held that plaintiffs would have to post an undertaking in order to stay enforcement of the judgment pending appeal. Plaintiffs claim that they are entitled to an automatic stay and that no appellate bond is required.

As we find that the judgment is entirely for costs, we will hold that no undertaking is required. Under such circumstance, a stay pending appeal is automatic and plaintiffs are therefore entitled to a writ of supersedeas as a matter of law. We will grant the writ.

Factual and Procedural Background

Plaintiffs prosecuted the underlying action against the defendants for intentional and negligent misrepresentation and breach of contract. Their alleged claims arose out of the sale of a home located in the Big Rock Mesa area of Malibu, California. The principal claim apparently centered around defendants’ alleged failure to…