SECTIONS 995.210-995.260 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 995.210-995.260

995.210. Unless the provision or context otherwise requires:
(a) 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.
(b) 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.

995.220. Notwithstanding any other statute, 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
following public entities and officers are not required to give the
bond and shall have the same rights, remedies, and benefits as if the
bond were given:
(a) The State of California or the people of the state, a state
agency, department, division, commission, board, or other entity of
the state, or a state officer in an official capacity or on behalf of
the state.
(b) A county, city, or district, or public authority, public
agency, or other political subdivision in the state, or an officer of
the local public entity in an official capacity or on behalf of the
local public entity.
(c) The United States or an instrumentality or agency of the
United States, or a federal officer in an official capacity or on
behalf of the United States or instrumentality or agency.

995.230. 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.

995.240. The court may, in its discretion, waive a provision for a
bond in an action or proceeding and make such 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, whether
personal or admitted surety insurers. In exercising its discretion
the court shall take into consideration all factors it deems
relevant, including but not limited to the character of the action or
proceeding, the nature of the beneficiary, whether public or
private, and the potential harm to the beneficiary if the provision
for the bond is waived.

995.250. If a statute allows costs to a party in an action or
proceeding, the costs shall include all of the following:
(a) The premium on a bond reasonably paid by the party pursuant to
a statute that provides for the bond in the action or proceeding.
(b) The premium on a bond reasonably paid by the party in
connection with the action or proceeding, unless the court determines
that the bond was unnecessary.

995.260. 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.