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Request for a bond under Code of Civil Procedure section 1030 in California

A request for a bond under Code of Civil Procedure section 1030 in California is the topic of this blog post.

A request for a bond under Code of Civil Procedure section 1030 in California can be filed by a defendant in case where the plaintiff resides outside of the State of California, or is a foreign corporation or other fictitious entity. The defendant must show that there is a reasonable probability that they will prevail in the action.

Purpose of a bond under Code of Civil Procedure section 1030 in California.

The purpose of the bond is to secure an award of costs and attorney’s fees which may be awarded in the case. The attorney’s fees can authorized either by a contract or by a statute.

Advantages of a request for a bond under Code of Civil Procedure section 1030 in California.

The advantage of filing a request for a bond under Code of Civil Procedure section 1030 in California is that if the court grants the motion and orders an undertaking the plaintiff must normally file the undertaking within 30 calendar days after service of the court’s order or the case against the defendant will be dismissed.

Code of Civil Procedure § 1030 states in pertinent part that,

“(a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney’s fees” means reasonable attorney’s fees a party may be authorized to recover by a statute apart from this section or by contract.

(b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. The motion shall be accompanied by an affidavit in support of the grounds for the motion and by a memorandum of points and authorities. The affidavit shall set forth the nature and amount of the costs and attorney’s fees the defendant has incurred and expects to incur by the conclusion of the action or special proceeding.

(c) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order as security for costs and attorney’s fees.

(d) The plaintiff shall file the undertaking not later than 30 days after service of the court’s order requiring it or within a greater time allowed by the court. If the plaintiff fails to file the undertaking within the time allowed, the plaintiff’s action or special proceeding shall be dismissed as to the defendant in whose favor the order requiring the undertaking was made.

A California Court of Appeal has stated in a published decision that the moving defendant is only required to show that the plaintiff resides outside of the State of California or is a foreign corporation or other out of state entity and the defendant shows a reasonable probability of prevailing in the case.

Another California Court of Appeal stated in a published decision that a trial court will review any substantial evidence that could support the moving party prevailing at the trial. In that case the Court of Appeal stated that a prior arbitration award constituted substantive evidence

Sample motion to request a bond under Code of Civil Procedure section 1030 in California for sale.

Attorneys or parties in California that would like to view a portion of a sample 11 page motion to request a bond under Code of Civil Procedure section 1030 in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Twitter at:

https://twitter.com/LegalDocsPro

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

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