SECTIONS 995.910-995.960 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 995.910-995.960

995.910. This article governs objections to a bond given in an
action or proceeding.

995.920. The beneficiary may object to a bond on any of the
following grounds:
(a) The sureties are insufficient.
(b) The amount of the bond is insufficient.
(c) The bond, from any other cause, is insufficient.

995.930. (a) An objection shall be in writing and shall be made by
noticed motion. The notice of motion shall specify the precise
grounds for the objection. If a ground for the objection is that the
amount of the bond is insufficient, the notice of motion shall state
the reason for the insufficiency and shall include an estimate of the
amount that would be sufficient.
(b) The objection shall be made within 10 days after service of a
copy of the bond on the beneficiary or such other time as is required
by the statute providing for the bond.
(c) If no objection is made within the time required by statute,
the beneficiary is deemed to have waived all objections except upon a
showing of good cause for failure to make the objection within the
time required by statute or of changed circumstances.

995.940. If a ground for the objection is that the value of
property or an interest in property on which the amount of the bond
is based exceeds the value estimated in the bond:
(a) The objection shall state the beneficiary's estimate of the
market value of the property or interest in property.
(b) The principal may accept the beneficiary's estimate of the
market value of the property or interest in property and immediately
file an increased bond based on the estimate. In such case, no
hearing shall be held on that ground for the objection, and the
beneficiary is bound by the estimate of the market value of the
property or interest in property.

995.950. (a) Unless the parties otherwise agree, the hearing on an
objection shall be held not less than two or more than five days
after service of the notice of motion.
(b) The hearing shall be conducted in such manner as the court
determines is proper. The court may permit witnesses to attend and
testify and evidence to be procured and introduced in the same manner
as in the trial of a civil case.
(c) If the value of property or an interest in property is a
ground for the objection, the court shall estimate its value. The
court may appoint one or more disinterested persons to appraise
property or an interest in property for the purpose of estimating its
value.

995.960. (a) Upon the hearing, the court shall make an order
determining the sufficiency or insufficiency of the bond.
(b) If the court determines that the bond is insufficient:
(1) The court shall specify in what respect the bond is
insufficient and shall order that a bond with sufficient sureties and
in a sufficient amount be given within five days. If a sufficient
bond is not given within the time required by the court order, all
rights obtained by giving the bond immediately cease and the court
shall upon ex parte motion so order.
(2) If a bond is in effect, the bond remains in effect until a
bond with sufficient sureties and in a sufficient amount is given in
its place, or the time in which to give the bond has expired,
whichever first occurs. If the time in which to give a sufficient
bond expires, the original bond remains in full force and effect for
all liabilities incurred before, and for acts, omissions, or causes
existing or which arose before, expiration.
(c) If the court determines that a bond is sufficient, no future
objection to the bond may be made except upon a showing of changed
circumstances.