Guzman v. Superior Court (Sept. 4, 2026) __ Cal.App.5th __ [2026 WL 2619899]
A jury awarded plaintiff a $20 million personal injury judgment. To stay enforcement pending appeal, defendant was required to post a bond exceeding $30 million. Defendant, whose total assets were approximately $1.75 million, filed a motion for relief under Code of Civil Procedure section 995.240, which provides courts discretion to lower or waive a bond if the principal is “indigent.” Defendant requested that the trial court waive or lower the bond to his insurance policy’s limit of $1.25 million. The trial court granted relief and lowered the bond to $1.25 million. Plaintiff filed a petition for writ of mandate or prohibition challenging the order, arguing that defendant is not indigent under section 995.240.
The Court of Appeal denied the petition, holding that “indigent”” means a person “who is unable to obtain sureties, not just a person who is destitute.” Relying on the recent California Supreme Court decision in Family Violence Appellate Project v. Superior Court (Aug. 10, 2026, S288176) __ Cal.5th __ [2026 WL 2291541], the court reasoned that indigence is relative and “dependent on the obligation imposed” rather than a specific wealth threshold. Because the amount of the bond would render defendant unable to obtain sufficient sureties, the trial court acted within its discretion in providing relief.
This decision provides an important avenue of relief for litigants facing financial difficulty in obtaining an appeal bond in the required amount.
