Section § 489.010

Explanation

This law states that any bond given under this title has to follow the rules set in the Bond and Undertaking Law. However, if this title specifies something different, those specific rules take precedence.

The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent.

Section § 489.060

Explanation

This law is about the process for submitting and approving a document called an undertaking in legal cases. Normally, when you submit an undertaking, it needs the court's approval, and after that, you file it with the court handling your case. The exception is if an admitted surety insurer is backing your undertaking, then you don’t need court approval for it.

(a)CA Civil Procedure Code § 489.060(a) Except as provided in subdivision (b), all undertakings given pursuant to this title shall be presented to a proper court for approval and upon approval shall be filed with the court in which the action is pending.
(b)CA Civil Procedure Code § 489.060(b) If the surety on the undertaking is an admitted surety insurer, the undertaking is not required to be approved by the court.

Section § 489.130

Explanation

If a court tells the plaintiff to increase a financial guarantee in a legal case, and the plaintiff doesn't do it, this action isn't considered wrongful according to certain rules about property being seized during a lawsuit.

Where the court orders the amount of the undertaking increased pursuant to Section 489.220 or 489.410, the plaintiff’s failure to increase the amount of the undertaking is not a wrongful attachment within the meaning of Section 490.010.