Legal Question in Appeals and Writs in California
I am dealing with a mortgage company from another state. what's a reasonable amount for non-resident cost bond if that company wants to go to court in california? i am looking to appeal.
2 Answers from Attorneys
This question does not make any sense. If you already have a court case in California, the out of state company doesn't pay any additional fees to appear in court, just because they are out of state. If you don't have any pending lawsuit in California, you shouldn't be thinking about an appeal. An appeal is a review by a higher court of a California trial court's appealable decision or appealable order.
If you have a case, and have lost and are filing an appeal, you do not have to post bond if the monetary award against you is only costs. Costs are automatically stayed on an appeal from the judgment, although there are several exceptions. I cannot fathom, however, what it is you are exactly seeking.
Code of Civil Procedure sec. 1030 governs your question, but only your attorney can answer you. Nobody else knows the details of your dispute and how much, if any, your fees might be.
But if you are not in court, why bother with the question? And if you are, ask your lawyer. And if you are but lost and want to appeal, that statute does not apply so still ask your lawyer.
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