Section 104558 Of Article 3. Master Settlement Agreement From California Health And Safety Code >> Division 103. >> Part 3. >> Chapter 1. >> Article 3.
104558
. (a) In order to secure and protect the moneys to be
received as a result of the Master Settlement Agreement, as defined
in subdivision (e) of Section 104556, in civil litigation under any
legal theory involving a signatory, successor of a signatory, or an
affiliate of a signatory to the Master Settlement Agreement that has
not been brought to trial as of the effective date of this section,
the amount of the required undertaking, bond, or equivalent surety to
be furnished during the pendency of an appeal or any discretionary
appellate review of any judgment granting legal, equitable, or any
other form of relief in order to stay the execution thereon during
the entire course of the appellate review shall be set in accordance
with applicable laws and rules of the court, except that the total
undertaking, bond, or equivalent surety that is required per case,
whether individual, aggregate, or otherwise, of all appellants,
collectively, may not exceed 100 percent of the verdict or one
hundred fifty million dollars ($150,000,000) whichever is less,
regardless of the value of the judgment.
(b) Nothing in this section or any other provision of law shall be
construed to eliminate the discretion of the court, for good cause
shown, to set the undertaking or bond on appeal in an amount lower
than that otherwise established by law.
(c) If the appellee proves by a preponderance of the evidence that
a party bringing an appeal or seeking a stay of execution of
judgment and for whom the undertaking has been limited under this
section, is intentionally dissipating or diverting assets outside the
ordinary course of its business for the purpose of avoiding ultimate
payment of the judgment, any limitation under subdivision (a) may be
rescinded and the court may order any actions necessary to prevent
dissipation or diversion of the assets.