Bonds and Undertakings

Part 2, Title 14, Chapter 2, Article 2 provides general provisions related to bonds and undertakings in civil actions in California.

Section 995.210 states that, if a statute provides for a bond, an undertaking that otherwise satisfies the requirements for the bond may be given in its place with the same effect as if a bond were given, and references in the statute to the bond shall be deemed to be references to the undertaking.

If a statute provides for an undertaking, a bond that otherwise satisfies the requirements for the undertaking may be given in its place with the same effect as if an undertaking were given, and references in the statute to the undertaking shall be deemed to be references to the bond.

Section  995.220 states that, if a statute provides for a bond in an action or proceeding, including but not limited to a bond for issuance of a restraining order or injunction, appointment of a receiver, or stay of enforcement of a judgment on appeal, the three specified public entities and officers are not required to give the bond and they have the same rights, remedies, and benefits as if the bond were given.

Section 995.230 says that the beneficiary of a bond given in an action or proceeding may in writing consent to the bond in an amount less than the amount required by statute or may waive the bond.

Section 995.240 authorizes the court to waive a provision for a bond in an action or proceeding and make the orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable to obtain sufficient sureties.

Section 995.250 provides that, if a statute allows costs to a party in an action or proceeding, the costs include all of the specified premiums.

Section 995.260 specifies that, if a bond is recorded pursuant to statute, a certified copy of the record of the bond with all affidavits, acknowledgments, endorsements, and attachments may be admitted in evidence in an action or proceeding with the same effect as the original, without further proof.