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.
Third-party Claims and Related ProceduresUndertakings
Section § 720.710
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.
bond requirements undertaking law rule inconsistency
Section § 720.760
If you want to formally object to a financial guarantee (called an 'undertaking'), you need to file a copy of your objection with the officer responsible for enforcement.
A copy of a notice of motion objecting to an undertaking shall be filed with the levying officer.
notice of motion objecting to an undertaking filing with levying officer
Section § 720.770
If someone opposes a financial guarantee (called an undertaking) in a legal matter, a court hearing about it will take place 10 to 15 days after the notice of the objection is served, unless everyone involved agrees otherwise. The court can reduce the required amount of this financial guarantee if it believes the set amount is higher than what the person entitled to benefit from it would likely receive if they win.
Unless the parties otherwise agree, the hearing on an objection to an undertaking shall 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 by Section 720.160 or 720.260 if the court determines the amount prescribed exceeds the probable recovery of the beneficiary if the beneficiary ultimately prevails in proceedings to enforce the liability on the undertaking.
objection to undertaking hearing timeframe financial guarantee
Section § 720.800
This law explains that if a financial guarantee (called an 'undertaking') is held by a law enforcement officer due to a legal procedure, and the officer still has it when they return a legal document (writ) to court, they must also file that guarantee with the court.
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 shall file the undertaking with the court at the time the writ is returned.
undertaking levying officer writ
