Appellate Specialist Dan Barer points out today's published opinion on avoiding bonding:
In Guzman v. Superior Court (Wigle), published today, the 3d DCA affirms an order granting relief under CCP § 995.240—giving courts discretion to waive a bond provision if the court determines the principal is unable to give the bond because the principal is “indigent and unable to obtain sufficient sureties”—to a judgment debtor with $1.75 million in assets who is appealing a $20 million personal injury judgment. The appellate court rejects the argument that the term “indigent” means “extreme poverty,” and concludes that “indigent” means any person who is unable to obtain sufficient sureties, whether or not the person is destitute. “Instead, trial courts retain discretion to evaluate each request for relief under the statute and against the traditional understanding of indigency that is tied to equal access to justice.”
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