When you appeal a civil case in California, the appeal court will determine primarily whether the trial court made an error of law that changed the outcome of the trial court case or whether there was substantial evidence to reasonably support the trial court’s decision. The appeal court will not consider new evidence in making their decision.
If you are appealing a case in which the trial court used their discretion, there will be an “abuse of discretion” standard, meaning the appeal court will determine whether the trial court abused their discretion in coming to their decision. The “substantial evidence” standard will be used by the appeal court to determine whether there was substantial evidence for the trial court to reasonably come to their decision. If the appeal court uses the “de novo” standard, they are looking at the issues as though they were new and disregard the trial court’s decisions on the matters. De novo review is generally limited to questions of law.
In order to stay the execution of the trial court judgment while your appeal is pending, you will have to obtain an appeal or supersedeas bond to secure your right to appeal.
Where can you easily purchase an appeal or supersedeas bond?
Colonial Surety offers the direct and digital way to obtain an appeal or supersedeas bond. We are the insurance company — which means no agent, no broker, and no middleman. We make it easy to obtain your bond instantly. The steps are easy — get a quote online, fill out your information, satisfy underwriting requirements, and enter your payment method. Print or e-file your bond from your office. It’s that simple!