Added by Stats. 1982, Ch. 998, Sec. 1.
This article governs objections to a bond given in an action or proceeding.
Article 9 - Objections to Bonds
California Code of Civil Procedure — §§ 995.910-995.960
Sections (6)
Added by Stats. 1982, Ch. 998, Sec. 1.
The beneficiary may object to a bond on any of the following grounds:
(a)The sureties are insufficient.
(b)The amount of the bond is insufficient.
(c)The bond, from any other cause, is insufficient.
Amended by Stats. 1984, Ch. 538, Sec. 33.
(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)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)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.
Added by Stats. 1982, Ch. 998, Sec. 1.
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)The objection shall state the beneficiary’s estimate of the market value of the property or interest in property.
(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.
Added by Stats. 1982, Ch. 998, Sec. 1.
(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)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)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.
Added by Stats. 1982, Ch. 998, Sec. 1.
(a)Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond.
(b)If the court determines that the bond is insufficient:
(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)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)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.