SECTIONS 996.010-996.030 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 996.010-996.030

996.010. (a) If a bond is given in an action or proceeding, the
court may determine that the bond is or has from any cause become
insufficient because the sureties are insufficient or because the
amount of the bond is insufficient.
(b) The court determination shall be upon motion supported by
affidavit or upon the court's own motion. The motion shall be deemed
to be an objection to the bond. The motion shall be heard and notice
of motion shall be given in the same manner as an objection to the
bond.
(c) Upon the determination the court shall order that a sufficient
new, additional, or supplemental bond be given within a reasonable
time not less than five days. The court order is subject to any
limitations in the statute providing for the bond.
(d) If a sufficient bond is not given within the time required by
the court order, all rights obtained by giving the original bond
immediately cease and the court shall upon ex parte motion so order.

996.020. (a) If a bond is given other than in an action or
proceeding and it is shown by affidavit of a credible witness or it
otherwise comes to the attention of the officer that the bond is or
has from any cause become insufficient because the sureties are
insufficient or because the amount of the bond is insufficient, the
officer may serve an order on the principal to appear and show cause
why the officer should not make a determination that the bond is
insufficient. The order shall name a day not less than three or more
than 10 days after service.
(b) If the principal fails to appear or show good cause on the day
named why a determination that the bond is insufficient should not
be made, the officer may determine that the bond is insufficient and
order a sufficient new, additional, or supplemental bond to be given.
(c) If a sufficient bond is not given within 10 days after the
order, the officer shall make an order vacating the rights obtained
by giving the original bond, including declaring vacant any office
and suspending or revoking any license or certificate for which the
bond was given. Any office vacated, license suspended or revoked, or
any other rights lost, for failure to give a new, additional, or
supplemental bond, shall not be reinstated until a new, additional,
or supplemental bond is given.

996.030. (a) The court if a bond is given or ordered in an action
or proceeding, or the officer if a bond is given or ordered other
than in an action or proceeding, may determine that the amount of the
bond is excessive and order the amount reduced to an amount that in
the discretion of the court or officer appears proper under the
circumstances. The order is subject to any limitations in the statute
providing for the bond.
(b) The determination shall be made upon motion or affidavit of
the principal in the same manner as a motion or affidavit for a
determination under this article that a bond is insufficient. The
notice of motion or the order to show cause made pursuant to
affidavit shall be served on the beneficiary. The determination shall
be made in the same manner and pursuant to the same procedures as a
determination under this article that the bond is insufficient.
(c) The principal may give a new bond for the reduced amount. The
sureties may be the same sureties as on the original bond.