Undertaking: Trial Judge Has Discretion To Order Discretionary Undertaking For Fees/Costs-Only Segment Of Judgment Under CCP § 917.9

Trial Judge Does Have Jurisdiction Under Section 917.9, Such That $1.5 Million Undertaking Ruling Was Not Beyond His Power.

            Quiles v. Parent, Jr., Case No. G054907 (4^th Dist., Div. 3 Nov. 2, 2018) (unpublished), also authored by Justice Fybel, is somewhat of a companion to our November 4, 2018 post on the related published decision. What happened here is that the trial judge ordered that the defendant post a $1.5 million discretionary undertaking under CCP § 917.9 to support the appeal of a $383,500 compensatory award and a little over $1.1 million fees/costs award. The appellate court affirmed that the lower court had jurisdiction do so under section 917.9, determining that a costs-only judgment (which may include substantial fee recovery) is within the ambit of the discretionary undertaking provision while a case is being pursued on appeal.