Section § 996.010

Explanation

If there's a bond involved in a legal case, and the court finds it's not adequate—either because the people backing it aren't reliable or the amount isn't enough—the court can demand a new bond. This decision can happen through a formal request backed by written evidence or initiated by the court itself. The court will then set a deadline, at least five days, for a new bond to be provided. If a sufficient bond isn't supplied in that time, any benefits that came from the original bond are lost immediately, and the court will officially declare this after a simple request from one side.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 996.010(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)CA Civil Procedure Code § 996.010(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)CA Civil Procedure Code § 996.010(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.

Section § 996.020

Explanation

This law says that if a bond is found to be lacking, either because the people guaranteeing it aren't reliable or the amount isn't enough, an official can demand the person responsible for the bond to explain in court within a set time (3-10 days) why the bond shouldn't be declared insufficient. If they don't show up or fail to provide a good reason, the official can declare the bond insufficient and require a new, adequate one. If a new bond isn't provided within 10 days, the official can cancel any benefits related to the original bond, like licenses or office positions, and these won't be restored until a new bond is made.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 996.020(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)CA Civil Procedure Code § 996.020(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.

Section § 996.030

Explanation

If a bond required by court or an officer seems too high, they can reduce it to a more reasonable amount, according to their judgment. This decision must consider any specific limits set by the law for the bond. To request a bond reduction, the person who needs to provide the bond must file a motion or affidavit, following the same process used to claim that a bond is insufficient. The parties benefiting from the bond must be informed of the motion. Once approved, the person can furnish a new bond for the lowered amount, and the same guarantors can back it up if desired.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 996.030(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)CA Civil Procedure Code § 996.030(c) The principal may give a new bond for the reduced amount. The sureties may be the same sureties as on the original bond.