Sarkany

Filed 8/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

JENNIFER SARKANY et al., Plaintiffs and Appellants,

A162441

v. CHRISTIE WEST et al., (San Francisco County Super. Ct. No. CGC 18-571355) Defendants and Appellants.

The Code of Civil Procedure authorizes a court to “waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given.” (Code Civ. Proc. § 995.240.) Waiver of a provision for a bond requires a determination by the court that the principal “is indigent and is unable to obtain sufficient sureties,” and requires the court to consider various factors, including “the character of the action or proceeding,” and “the potential harm to the beneficiary if the provision for the bond is waived.” (Ibid.) The primary issue in this appeal is whether a trial court has authority under Code of Civil Procedure section 995.240 to waive the requirement that a bond or undertaking be given to stay the enforcement of a money judgment pending appeal. (Code Civ. Proc., § 917.1, subdivision (a).) We conclude that a trial court does…