§ 996.030. — 996.030. (Amended by Stats. 1988, Ch. 309, Sec. 1.)

California § 996.030.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 14.
• Part 2.: TITLE 14. OF MISCELLANEOUS PROVISIONS
• Ch. 2.: CHAPTER 2. Bonds and Undertakings
• Art. 10.: ARTICLE 10. Insufficient and Excessive Bonds

Text

(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)
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)
The principal may give a new bond for the reduced amount. The sureties may be the same sureties as on the original bond.

Legislative History

Amended by Stats. 1988, Ch. 309, Sec. 1.