Undertakings in California

Code of Civil Procedure Part 2, Title 9, Division 4, Chapter 7 deals with undertakings in third-party claims for the enforcement of judgments in this state.

Section 720.710 provides that the Bond and Undertaking Law applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent.

Section 720.760 states that a copy of a notice of motion objecting to an undertaking is to be filed with the levying officer.

Section 720.770 says that the hearing on an objection to an undertaking must be held not less than 10 nor more than 15 days after service of the notice of motion. The court may order the amount of the undertaking decreased below the amount prescribed.

Section 720.800 specifies that, if an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer’s possession when the writ is to be returned, the levying officer is required to file the undertaking with the court at the time the writ is returned.