reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.1.

917.1. (a) Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the following:
(1) Money or the payment of money, whether consisting of a special fund or not, and whether payable by the appellant or another party to the action.
(2) Costs awarded pursuant to Section 998 which otherwise would not have been awarded as costs pursuant to Section 1033.5.
(3) Costs awarded pursuant to Section 1141.21 which otherwise would not have been awarded as costs pursuant to Section 1033.5.
(b) The undertaking shall be on condition that if the judgment or order or any part of it is affirmed or the appeal is withdrawn or dismissed, the party ordered to pay shall pay the amount of the judgment or order, or the part of it as to which the judgment or order is affirmed, as entered after the receipt of the remittitur, together with any interest which may have accrued pending the appeal and entry of the remittitur, and costs which may be awarded against the appellant on appeal. This section shall not apply in cases where the money to be paid is in the actual or constructive custody of the court; and such cases shall be governed, instead, by the provisions of Section 917.2. The undertaking shall be for double the amount of the judgment or order unless given by an admitted surety insurer in which event it shall be for one and one-half times the amount of the judgment or order. The liability on the undertaking may be enforced if the party ordered to pay does not make the payment within 30 days after the filing of the remittitur from the reviewing court.
(c) If a surety on the undertaking pays the judgment, either with or without action, after the judgment is affirmed, the surety is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment, in all respects as if the surety had recovered the judgment.
(d) Costs awarded by the trial court under Chapter 6 (commencing with Section 1021) of Title 14 shall be included in the amount of the judgment or order for the purpose of applying paragraph (1) of subdivision (a) and subdivision (b). However, no undertaking shall be required pursuant to this section solely for costs awarded under Chapter 6 (commencing with Section 1021) of Title 14.
(Amended by Stats. 1993, Ch. 456, Sec. 13. Effective January 1, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.15.

917.15. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from, or the administrative order which is the subject of the trial court proceeding, was issued pursuant to either of the following:
(a) Section 78870 of the Health and Safety Code and ordered a responsible party to take appropriate removal or remedial actions in response to a release or a threatened release of a hazardous substance.
(b) Section 25181 of the Health and Safety Code and ordered the party to comply with Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code or any rule, regulation, permit, covenant, standard, requirement, or order issued, adopted or executed pursuant to that Chapter 6.5.
(Amended by Stats. 2022, Ch. 258, Sec. 9. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.2.

917.2. The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court if the judgment or order appealed from directs the assignment or delivery of personal property, including documents, whether by the appellant or another party to the action, or the sale of personal property upon the foreclosure of a mortgage, or other lien thereon, unless an undertaking in a sum and upon conditions fixed by the trial court, is given that the appellant or party ordered to assign or deliver the property will obey and satisfy the order of the reviewing court, and will not commit or suffer to be committed any damage to the property, and that if the judgment or order appealed from is affirmed, or the appeal is withdrawn or dismissed, the appellant shall pay the damage suffered to such property and the value of the use of such property for the period of the delay caused by the appeal. The appellant may cause the property to be placed in the custody of an officer designated by the court to abide the order of the reviewing court, and such fact shall be considered by the court in fixing the amount of the undertaking. If the judgment or order appealed from directs the sale of perishable property the trial court may order such property to be sold and the proceeds thereof to be deposited with the clerk of the trial court to abide the order of the reviewing court; such fact shall be considered by the court in fixing the amount of the undertaking.
(Amended by Stats. 1972, Ch. 546.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.3.

917.3. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the execution of one or more instruments unless the instrument or instruments are executed and deposited in the office of the clerk of the court where the original judgment or order is entered to abide the order of the reviewing court.
(Added by Stats. 1968, Ch. 385.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.4.

917.4. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the sale, conveyance or delivery of possession of real property which is in the possession or control of the appellant or the party ordered to sell, convey or deliver possession of the property, unless an undertaking in a sum fixed by the trial court is given that the appellant or party ordered to sell, convey or deliver possession of the property will not commit or suffer to be committed any waste thereon and that if the judgment or order appealed from is affirmed, or the appeal is withdrawn or dismissed, the appellant shall pay the damage suffered by the waste and the value of the use and occupancy of the property, or the part of it as to which the judgment or order is affirmed, from the time of the taking of the appeal until the delivery of the possession of the property. If the judgment or order directs the sale of mortgaged real property and the payment of any deficiency, the undertaking shall also provide for the payment of any deficiency.
(Amended by Stats. 1982, Ch. 517, Sec. 156.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.5.

917.5. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from appoints a receiver, unless an undertaking in a sum fixed by the trial court is given on condition that if the judgment or order is affirmed or the appeal is withdrawn, or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment.
(Amended by Stats. 1982, Ch. 517, Sec. 157.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.6.

917.6. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the performance of two or more of the acts specified in Sections 917.1 through 917.5, unless the appellant complies with the requirements of each applicable section.
(Added by Stats. 1968, Ch. 385.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.65.

917.65. The perfecting of an appeal shall not stay enforcement of a right to attach order unless an undertaking is given. The undertaking shall be in the amount specified in the right to attach order as the amount to be secured by the attachment. The undertaking shall be on condition that if the right to attach order is not reversed and the plaintiff recovers judgment in the action in which the right to attach order was issued, the appellant shall pay the amount of the judgment, together with any interest which may have accrued. The liability on the undertaking may be enforced if the judgment is not paid within 30 days after it becomes final. If a surety on the undertaking pays the judgment, either with or without action, the surety is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment, in all respects as if the surety had recovered the judgment.
(Added by Stats. 1983, Ch. 155, Sec. 22.5. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.7.

917.7. The perfecting of an appeal shall not stay proceedings as to those provisions of a judgment or order which award, change, or otherwise affect the custody, including the right of visitation, of a minor child in any civil action, in an action filed under the Juvenile Court Law, or in a special proceeding, or the provisions of a judgment or order for the temporary exclusion of a party from a dwelling, as provided in the Family Code. However, the trial court may in its discretion stay execution of these provisions pending review on appeal or for any other period or periods that it may deem appropriate. Further, in the absence of a writ or order of a reviewing court providing otherwise, the provisions of the judgment or order allowing, or eliminating restrictions against, removal of the minor child from the state are stayed by operation of law for a period of seven calendar days from the entry of the judgment or order by a juvenile court in a dependency hearing, or for a period of 30 calendar days from the entry of judgment or order by any other trial court. The periods during which these provisions allowing, or eliminating restrictions against, removal of the minor child from the state are stayed, are subject to further stays as ordered by the trial court or by the juvenile court pursuant to this section. An order directing the return of a child to a sister state or country, including any order effectuating that return, made in a proceeding brought pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code), the Parental Kidnapping Prevention Act of 1980 (28 U.S.C. Sec. 1738A), or the Hague Convention on the Civil Aspects of International Child Abduction (implemented pursuant to the International Child Abduction Remedies Act (22 U.S.C. Secs. 9001-9011)) is not a judgment or order which awards, changes, or otherwise affects the custody of a minor child within the meaning of this section, and therefore is not subject to the automatic stay provisions of this section.
(Amended by Stats. 2021, Ch. 124, Sec. 13. (AB 938) Effective January 1, 2022.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.75.

917.75. The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court awarding attorney’s fees or costs, or both, if the judgment or order appealed from was rendered in a proceeding under the Family Code, unless an undertaking is given in a sum and upon conditions fixed by the trial court.
(Added by Stats. 2014, Ch. 95, Sec. 1. (AB 2154) Effective January 1, 2015.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.8.

917.8. The perfecting of an appeal does not stay proceedings, in the absence of an order of the trial court providing otherwise or of a writ of supersedeas, under any of the following circumstances:
(a) If a party to the proceeding has been adjudged guilty of usurping, or intruding into, or unlawfully holding a public office, civil or military, within this state.
(b) If the judgment or order directs a corporation, or any of its officers or agents, to give to a person adjudged to be a director, stockholder, or member of that corporation a reasonable opportunity to inspect or make copies of the books, papers, or documents of the corporation as the trial court finds that the director, stockholder, or member is entitled by law to inspect or copy.
(c) If a judgment or order adjudges a building or place to be a nuisance and, as part of that judgment or order, directs the closing or discontinuance of any specific use of the building or place for any period of time.
(d) If a judgment or order, including, but not limited to, a temporary restraining order or preliminary injunction, grants relief in an action brought by a governmental agency under the provisions of Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code.
(Amended by Stats. 2003, Ch. 31, Sec. 1. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 917.9.

917.9. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8, inclusive, if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases:
(1) Appellant was found to possess money or other property belonging to respondent.
(2) Appellant is required to perform an act for respondent’s benefit pursuant to judgment or order under appeal.
(3) The judgment against appellant is solely for costs awarded to the respondent by the trial court pursuant to Chapter 6 (commencing with Section 1021) of Title 14.
(b) The undertaking shall be in a sum fixed by the court and shall be in an amount sufficient to cover all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment or order.
(c) The undertaking shall be in the sum fixed by the court. The undertaking shall be conditioned upon the performance of the judgment or order appealed from or payment of the sums required by the judgment or order appealed from, if the judgment or order is affirmed or the appeal is withdrawn or dismissed, and it shall provide that if the judgment or order appealed from or any part of it is affirmed, or the appeal is withdrawn or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment.
(d) For the purpose of this section, “damages” means either of the following:
(1) Reasonable compensation for the loss of use of the money or property.
(2) Payment of the amounts specified in paragraph (3) of subdivision (a).
(Amended by Stats. 1994, Ch. 493, Sec. 3. Effective September 12, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 918.

918. (a) Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order.
(b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed.
(c) This section applies whether or not an appeal will be taken from the judgment or order and whether or not a notice of appeal has been filed.
(Amended by Stats. 1982, Ch. 497, Sec. 65. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 918.5.

918.5. (a) The trial court may, in its discretion, stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor.
(b) In exercising its discretion under this section, the court shall consider all of the following:
(1) The likelihood of the judgment debtor prevailing in the other action.
(2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim.
(3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim.
(Added by Stats. 1982, Ch. 497, Sec. 66. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 919.

919. The trial court may, in its discretion, dispense with or limit the security required by any section in this chapter, when the appellant is an executor, administrator, trustee, guardian, conservator or other person acting in another’s right.
(Added by Stats. 1968, Ch. 385.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 921.

921. An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on the part of the appellant that the appellant will pay all costs and damages which the respondent may sustain by reason of the attachment, in case the order of the court below is sustained in favor of the respondent; and unless, within five days after written notice of the entry of the order appealed from, the appeal is perfected. The amount of the undertaking on appeal required by this section shall be such amount as is fixed by the trial court on motion of the respondent as provided in Section 489.410 and if no such order has been made, the undertaking shall be in double the amount of the debt claimed by the appellant. If the respondent is not satisfied with the undertaking in double the amount of the debt or the amount fixed by order under Section 489.410, the trial court upon motion of the respondent made within 60 days after perfecting the appeal may order an increase in the amount of the undertaking in such amount as is justified by the detriment reasonably to be anticipated by continuing the attachment. If such an order is made, the attachment shall be discharged and the property released therefrom, unless the undertaking is executed and filed within 10 days after the order is made.
(Amended by Stats. 1982, Ch. 517, Sec. 160.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 922.

922. If an undertaking required or permitted by this title is objected to by the respondent and the court determines the undertaking is insufficient and a sufficient undertaking is not given within the time provided by statute, enforcement of the judgment or order appealed from is no longer stayed and property which has been levied upon under execution issued upon such judgment shall not be released from levy.
(Amended by Stats. 1982, Ch. 517, Sec. 161.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 923.

923. The provisions of this chapter shall not limit the power of a reviewing court or of a judge thereof to stay proceedings during the pendency of an appeal or to issue a writ of supersedeas or to suspend or modify an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo, the effectiveness of the judgment subsequently to be entered, or otherwise in aid of its jurisdiction.
(Added by Stats. 1968, Ch. 385.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 13 - APPEALS IN CIVIL ACTIONS › CHAPTER 2 - Stay of Enforcement and Other Proceedings › Section 936.1.

936.1. An appeal from any judgment or order in any civil commitment or other proceeding wherein the appellant would be entitled to the appointment of counsel on appeal if indigent shall be initiated by the filing of a notice of appeal in conformity with the requirements of Section 1240.1 of the Penal Code.
(Added by Stats. 1978, Ch. 1385. Note: Termination clause in Sec. 3.5 of Ch. 1385 was deleted by Stats. 1980, Ch. 369.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 1 - Proceedings Against Joint Debtors › Section 989.

989. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Section 410.70, those who were not originally served with the summons, and did not appear in the action, may be summoned to appear before the court in which such judgment is entered to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 1 - Proceedings Against Joint Debtors › Section 990.

990. The summons specified in Section 989 shall be issued by the clerk upon presentation of the affidavit specified in Section 991. The summons must describe the judgment, and require the person summoned to show cause why the person should not be bound by it, and must be served in the same manner, and returnable no later than ninety (90) days after the time specified for the return of the original summons. It is not necessary to file a new complaint.
(Amended by Stats. 2007, Ch. 263, Sec. 10. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 1 - Proceedings Against Joint Debtors › Section 991.

991. The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 1 - Proceedings Against Joint Debtors › Section 992.

992. Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action.
(Amended by Stats. 1907, Ch. 325.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 1 - Proceedings Against Joint Debtors › Section 993.

993. If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations, subject to the right of the parties to amend their pleadings as in other cases.
(Amended by Stats. 1907, Ch. 325.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 1 - Proceedings Against Joint Debtors › Section 994.

994. The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against him, it must be for not exceeding the amount remaining unsatisfied on such original judgment, with interest thereon.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.010.

995.010. This chapter shall be known and may be cited as the Bond and Undertaking Law.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.020.

995.020. (a) The provisions of this chapter apply to a bond or undertaking executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state, except to the extent the statute prescribes a different rule or is inconsistent.
(b) The provisions of this chapter apply to a bond or undertaking given at any of the following times:
(1) On or after January 1, 1983.
(2) Before January 1, 1983, to the extent another surety is substituted for the original surety on or after January 1, 1983, or to the extent the principal gives a new, additional, or supplemental bond or undertaking on or after January 1, 1983.
Except to the extent provided in this section, the law governing a bond or undertaking given before January 1, 1983, is the law applicable to the bond or undertaking immediately before January 1, 1983, pursuant to Section 414 of Chapter 517 of the Statutes of 1982.
(c) The provisions of this chapter do not apply to a bail bond or an undertaking of bail.
(Amended by Stats. 1983, Ch. 18, Sec. 18.2. Effective April 21, 1983.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.030.

995.030. If service of a notice, paper, or other document is required under this chapter, service shall be made in the same manner as service of process in civil actions generally.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.040.

995.040. An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.050.

995.050. The times provided in this chapter, or in any other statute relating to a bond given in an action or proceeding, may be extended pursuant to Sections 1054 and 1054.1.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.110.

995.110. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.120.

995.120. (a) “Admitted surety insurer” means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state, as defined in Section 105 of the Insurance Code.
(b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the phrases “admitted surety insurer,” “authorized surety company,” “bonding company,” “corporate surety,” and comparable phrases used in the statute mean “admitted surety insurer” as defined in this section.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.130.

995.130. (a) “Beneficiary” means the person for whose benefit a bond is given, whether executed to, in favor of, in the name of, or payable to the person as an obligee.
(b) If a bond is given for the benefit of the State of California or the people of the state, “beneficiary” means the court, officer, or other person required to determine the sufficiency of the sureties or to approve the bond.
(c) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “beneficiary,” “obligee,” and comparable terms used in the statute mean “beneficiary” as defined in this section.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.140.

995.140. (a) “Bond” includes both of the following:
(1) A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties.
(2) A surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.
(b) A bond provided for or given “in an action or proceeding” does not include a bond provided for, or given as, a condition of a license or permit.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.150.

995.150. “Court” means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.160.

995.160. “Officer” means the sheriff, marshal, clerk of court, judge or magistrate (if there is no clerk), board, commission, department, or other public official or entity to whom the bond is given or with whom a copy of the bond is filed or who is required to determine the sufficiency of the sureties or to approve the bond.
(Amended by Stats. 1996, Ch. 872, Sec. 19. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.170.

995.170. (a) “Principal” means the person who gives a bond.
(b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “obligor,” “principal,” and comparable terms used in the statute mean “principal” as defined in this section.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.180.

995.180. “Statute” includes administrative regulation promulgated pursuant to statute.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.185.

995.185. (a) “Surety” has the meaning provided in Section 2787 of the Civil Code and includes personal surety and admitted surety insurer.
(b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “bail,” “guarantor,” “bondsman,” “surety,” and comparable terms used in the statute mean “surety” as defined in this section.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 1 - Preliminary Provisions and Definitions › Section 995.190.

995.190. “Undertaking” means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 2 - General Provisions › Section 995.210.

995.210. Unless the provision or context otherwise requires:
(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) 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 2 - General Provisions › Section 995.220.

995.220. 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) 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) 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) 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 2 - General Provisions › Section 995.230.

995.230. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 2 - General Provisions › Section 995.240.

995.240. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 2 - General Provisions › Section 995.250.

995.250. If a statute allows costs to a party in an action or proceeding, the costs shall include all of the following:
(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) 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 2 - General Provisions › Section 995.260.

995.260. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.310.

995.310. Unless the statute providing for the bond requires execution by an admitted surety insurer, a bond shall be executed by two or more sufficient personal sureties or by one sufficient admitted surety insurer or by any combination of sufficient personal sureties and admitted surety insurers.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.311.

995.311. (a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code, shall be executed by an admitted surety insurer. A public agency approving the bond on a public works contract shall have a duty to verify that the bond is being executed by an admitted surety insurer.
(b) A public agency may fulfill its duty under subdivision (a) by verifying the status of the party executing the bond in one of the following ways:
(1) Printing out information from the website of the Department of Insurance confirming the surety is an admitted surety insurer and attaching it to the bond.
(2) Obtaining a certificate from the county clerk that confirms the surety is an admitted insurer and attaching it to the bond.
(Added by Stats. 2001, Ch. 181, Sec. 1. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.320.

995.320. (a) A bond shall be in writing signed by the sureties under oath and shall include all of the following:
(1) A statement that the sureties are jointly and severally liable on the obligations of the statute providing for the bond.
(2) The address at which the principal and sureties may be served with notices, papers, and other documents under this chapter.
(3) If the amount of the bond is based upon the value of property or an interest in property, a description of the property or interest, and the principal’s estimate of the value of the property or interest, or if given pursuant to the estimate of the beneficiary or court, the value as so estimated.
(b) The sureties signing the bond are jointly and severally liable on the obligations of the bond, the provisions of this chapter, and the statute providing for the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.330.

995.330. A bond or undertaking given in an action or proceeding may be in the following form:
“(Title of court. Title of cause.)
Whereas the ... desires to give (a bond) (an undertaking) for (state what) as provided by (state sections of code requiring bond or undertaking); now, therefore, the undersigned (principal and) (sureties) (surety) hereby (obligate ourselves, jointly and severally) (obligates itself) to (name who) under the statutory obligations, in the amount of ... dollars.”
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.340.

995.340. If a bond is given in an action or proceeding:
(a) The bond shall be filed with the court unless the statute providing for the bond requires that the bond be given to another person.
(b) If the statute providing for the bond requires that the bond be given to an officer, the officer shall file the bond with the court unless the statute providing for the bond otherwise provides.
(c) A bond filed with the court shall be preserved in the office of the clerk of the court.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.350.

995.350. (a) Upon the filing of a bond with the court in an action or proceeding, the clerk shall enter in the register of actions the following information:
(1) The date and amount of the bond.
(2) The names of the sureties on the bond.
(b) In the event of the loss of the bond, the entries in the register of actions are prima facie evidence of the giving of the bond in the manner required by statute.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.360.

995.360. A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the following conditions is satisfied:
(a) The beneficiary so stipulates.
(b) The bond is no longer in force and effect and the time during which the liability on the bond may be enforced has expired.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.370.

995.370. At the time a bond is given, the principal shall serve a copy of the bond on the beneficiary. An affidavit of service shall be given and filed with the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 3 - Execution and Filing › Section 995.380.

995.380. (a) If a bond does not contain the substantial matter or conditions required by this chapter or by the statute providing for the bond, or if there are any defects in the giving or filing of the bond, the bond is not void so as to release the principal and sureties from liability.
(b) The beneficiary may, in proceedings to enforce the liability on the bond, suggest the defect in the bond, or its giving or filing, and enforce the liability against the principal and the persons who intended to become and were included as sureties on the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 4 - Approval and Effect › Section 995.410.

995.410. (a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer.
(b) If the statute providing for a bond requires that the bond be approved, the court or officer may approve or disapprove the bond on the basis of the affidavit or certificate of the sureties or may require the attendance of witnesses and the production of evidence and may examine the sureties under oath touching their qualifications.
(c) Nothing shall be construed to preclude approval of a bond in an amount greater than that required by statute.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 4 - Approval and Effect › Section 995.420.

995.420. (a) Unless the statute providing for a bond provides that the bond becomes effective at a different time, a bond is effective at the time it is given or, if the statute requires that the bond be approved, at the time it is approved.
(b) If the statute providing for a bond provides that the bond becomes effective at a time other than the time it is given or approved, the bond is effective at the time provided unless an objection is made to the bond before that time. If an objection is made to a bond before the time provided, the bond becomes effective when the court makes an order determining the sufficiency of the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 4 - Approval and Effect › Section 995.430.

995.430. A bond remains in force and effect until the earliest of the following events:
(a) The sureties withdraw from or cancel the bond or a new bond is given in place of the original bond.
(b) The purpose for which the bond was given is satisfied or the purpose is abandoned without any liability having been incurred.
(c) A judgment of liability on the bond that exhausts the amount of the bond is satisfied.
(d) The term of the bond expires. Unless the statute providing for the bond prescribes a fixed term, the bond is continuous.
(Added by Stats. 1982, Ch. 998, Sec. 1.)