Jones v. Cal-Eagle Ins. Co

Filed 4/28/06 Jones v. Cal-Eagle Ins. Co. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

APPEAL from an order of the Superior Court of Fresno County. Alan M. Simpson, Judge.

McCormick, Barstow, Sheppard Wayte & Carruth, James P. Wagoner and David W. Burnett for Cross-complainants and Appellants.

Parichan, Renberg, Crossman & Harvey, Richard C. Crossman; Greines, Martin, Stein & Richland, Irving H. Greines and Peter O. Israel for Cross-defendant and Respondent.

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This is an appeal from an order of the trial court exonerating and permitting withdrawal of an undertaking previously filed to stay enforcement of a money judgment in favor of appellants and against respondent. We conclude the trial court correctly found the purpose of the undertaking has been satisfied, the undertaking no longer remains in force and effect, and the undertaking properly could be withdrawn from the superior court file. (See Code Civ. Proc., § 995.360, 995.430; all further section references are to this code.) Accordingly, we affirm the trial court's order.

Facts and Procedural History

In 1997, appellants Freddie Jones, Mildred Jones, and Fred Jones Trucking, Inc., (collectively, the Joneses) recovered judgment against respondent Cal-Eagle Insurance Company (Cal-Eagle). After certain posttrial proceedings, the judgment still exceeded $6 million. Cal-Eagle filed a notice of appeal and posted an undertaking for slightly more than $10 million to stay enforcement of the judgment pending appeal. The undertaking incorporated by reference the â€