Bonds and UndertakingsGeneral Provisions

Section § 995.210

Explanation

This law says that if a legal rule requires either a bond or an undertaking, you can usually use one in place of the other as long as it meets the same conditions. So, if a bond is needed, you can use an undertaking instead, and vice versa, making them interchangeable depending on what is needed.

Unless the provision or context otherwise requires:
(a)CA Civil Procedure Code § 995.210(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)CA Civil Procedure Code § 995.210(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.
bond undertaking interchangeable ...

Section § 995.220

Explanation

This law says that when a bond is required in legal actions, such as for restraining orders, appointing receivers, or pausing judgment enforcement, certain government entities and officials are not obliged to provide that bond. These include the State of California, any of its agencies, counties, cities, districts, as well as the United States and any federal bodies. These entities still have all the legal rights and advantages as if they had posted the bond.

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)CA Civil Procedure Code § 995.220(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)CA Civil Procedure Code § 995.220(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)CA Civil Procedure Code § 995.220(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.
bond exemption government entities restraining order bond ...

Section § 995.230

Explanation

If someone is supposed to receive protection from a bond in a legal case, they can agree in writing to accept a bond that is smaller than what the law normally requires, or they can choose to give up the bond entirely.

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.
beneficiary bond consent waive bond ...

Section § 995.240

Explanation

This California law allows a court to waive the requirement for a bond if a person can't afford it due to financial hardship. The court has the flexibility to issue necessary orders as though the bond was given. While deciding, the court considers factors like the type of case, the nature of the people or entities affected, and the potential consequences if the bond isn't required.

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.
bond waiver indigent principal sufficient sureties ...

Section § 995.250

Explanation

This law says that if a party in a court case is allowed to claim costs, those costs can include the premium payments for certain bonds. Specifically, it covers premiums on bonds the party pays if a statute requires the bond for the case, or if it's connected to the case, unless a court finds the bond wasn't needed.

If a statute allows costs to a party in an action or proceeding, the costs shall include all of the following:
(a)CA Civil Procedure Code § 995.250(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)CA Civil Procedure Code § 995.250(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.
bond premium court costs action or proceeding ...

Section § 995.260

Explanation

If a bond has been officially recorded, a certified copy of that record can be used as evidence in any legal case just like the original bond. You don't need any additional proof to use it.

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.
bond recording certified copy evidence ...