This article governs objections to a bond given in an action or proceeding.
Bonds and UndertakingsObjections to Bonds
Section § 995.910
This law explains how to formally challenge a bond submitted in a legal case or proceeding.
objections bond legal case
Section § 995.920
This law allows a beneficiary to object to a bond if they believe there's a problem. They can raise issues if the people backing the bond (sureties) aren't adequate, if the amount of money guaranteed isn't enough, or if there's any other reason that makes the bond not good enough.
The beneficiary may object to a bond on any of the following grounds:
(a)CA Civil Procedure Code § 995.920(a) The sureties are insufficient.
(b)CA Civil Procedure Code § 995.920(b) The amount of the bond is insufficient.
(c)CA Civil Procedure Code § 995.920(c) The bond, from any other cause, is insufficient.
beneficiary objection insufficient sureties bond amount
Section § 995.930
This section explains how someone can officially object to a bond. To do so, they must submit a written motion describing their reasons. If the objection is about the bond amount being too low, they need to explain why and suggest a sufficient amount. Objections should be made within 10 days of receiving the bond. If not, the right to object is usually lost, unless there's a good reason or some circumstances change.
(a)CA Civil Procedure Code § 995.930(a) An objection shall be in writing and shall be made by noticed motion. The notice of motion shall specify the precise grounds for the objection. If a ground for the objection is that the amount of the bond is insufficient, the notice of motion shall state the reason for the insufficiency and shall include an estimate of the amount that would be sufficient.
(b)CA Civil Procedure Code § 995.930(b) The objection shall be made within 10 days after service of a copy of the bond on the beneficiary or such other time as is required by the statute providing for the bond.
(c)CA Civil Procedure Code § 995.930(c) If no objection is made within the time required by statute, the beneficiary is deemed to have waived all objections except upon a showing of good cause for failure to make the objection within the time required by statute or of changed circumstances.
bond objection noticed motion sufficient bond amount
Section § 995.940
If someone challenges a bond by saying the property tied to it is worth more than stated, they must provide their own value estimate. The person responsible for the bond can agree with that estimate and increase the bond amount right away. If they do, no hearing is needed, and the person who made the challenge must stick to their estimated value.
If a ground for the objection is that the value of property or an interest in property on which the amount of the bond is based exceeds the value estimated in the bond:
(a)CA Civil Procedure Code § 995.940(a) The objection shall state the beneficiary’s estimate of the market value of the property or interest in property.
(b)CA Civil Procedure Code § 995.940(b) The principal may accept the beneficiary’s estimate of the market value of the property or interest in property and immediately file an increased bond based on the estimate. In such case, no hearing shall be held on that ground for the
objection, and the beneficiary is bound by the estimate of the market value of the property or interest in property.
bond objection market value property estimate
Section § 995.950
This section discusses the timing and conduct of a court hearing on an objection. It states that, unless both parties agree otherwise, the hearing must occur between two to five days after a motion notice is served. The court decides how the hearing is conducted, similar to a civil case trial, allowing witness testimony and evidence. If the objection involves property value, the court will estimate the value and may appoint neutral appraisers for assistance.
(a)CA Civil Procedure Code § 995.950(a) Unless the parties otherwise agree, the hearing on an objection shall be held not less than two or more than five days after service of the notice of motion.
(b)CA Civil Procedure Code § 995.950(b) The hearing shall be conducted in such manner as the court determines is proper. The court may permit witnesses to attend and testify and evidence to be procured and introduced in the same manner as in the trial of a civil case.
(c)CA Civil Procedure Code § 995.950(c) If the value of property or an interest in property is a ground for the objection, the court shall estimate
its value. The court may appoint one or more disinterested persons to appraise property or an interest in property for the purpose of estimating its value.
objection hearing notice of motion court determination
Section § 995.960
When there's a hearing about a bond, the court decides if it's enough or not. If the bond isn't enough, the court will say why and give five days to fix it with a better bond. If you don't provide a better bond in time, any rights you got from the bond end right away. If there's already a bond in place, it stays valid until the new bond is submitted or until the deadline for a new bond passes—it covers everything up until that point. If the bond is considered good enough, it can't be challenged again unless something changes in the future.
(a)CA Civil Procedure Code § 995.960(a) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond.
(b)CA Civil Procedure Code § 995.960(b) If the court determines that the bond is insufficient:
(1)CA Civil Procedure Code § 995.960(b)(1) The court shall specify in what respect the bond is insufficient and shall order that a bond with sufficient sureties and in a sufficient amount be given within five days. If a sufficient bond is not given within the time required by the court order, all rights obtained by giving the bond immediately cease and the court shall upon
ex parte motion so order.
(2)CA Civil Procedure Code § 995.960(b)(2) If a bond is in effect, the bond remains in effect until a bond with sufficient sureties and in a sufficient amount is given in its place, or the time in which to give the bond has expired, whichever first occurs. If the time in which to give a sufficient bond expires, the original bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose before, expiration.
(c)CA Civil Procedure Code § 995.960(c) If the court determines that a bond is sufficient, no future objection to the bond may be made except upon a showing of changed circumstances.
bond sufficiency insufficient bond court order
