Rossa

The filing of a notice of appeal does not stay enforcement of a judgment for the payment of money unless an undertaking is given. (Code Civ. Proc., § 917.1, subd. (a)(1).) The undertaking may be in the form of a bond issued by a surety and filed in the trial court, promising payment of the judgment if it is affirmed, plus any interest accruing on the judgment during the pendency of the appeal and any costs that may be awarded against the appellant. (§ 917.1, subd. (b); see §§ 995.140, 995.150, 995.190, 995.210, 995.320, 995.340.) Insurance companies charge a fee or “premium” for a surety bond, and may also require the appellant to provide collateral for the bond, such as a letter of credit. (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 2011) 1 7:113, p. 7-30.1 (rev. # 1, 2003).) If the appellant prevails, it may recover as costs on appeal “[t]he cost to procure a surety bond, including the premium and the cost to obtain a letter of credit as collateral ...” (Cal. Rules of Court, rule 8.278(d)(1)(F), italics added.)

We address whether rule 8.278’s reference to “the cost to obtain a letter of credit” extends to the interest expense…