At the hearing of an application for appointment of a receiver on notice or ex parte, the applicant must, and other parties may, propose and state the reasons for the specific amounts of the undertakings required from (1) the applicant by Code of Civil Procedure section 529, (2) the applicant by Code of Civil Procedure section 566(b), and (3) the receiver by Code of Civil Procedure section 567(b), for any injunction that is ordered in or with the order appointing a receiver.
Rule 3.1178.Amount of undertakings
Division 11. Law and Motion · Chapter 3. Provisional and Injunctive Relief · Article 5. Receiverships · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1178 requires the party seeking a receiver to propose, with reasons, the specific dollar amounts for the bonds the law requires from the applicant and from the receiver, while letting other parties weigh in with their own proposed amounts.
Full Text of Rule 3.1178
Plain-English Summary
Receiverships and the injunctions that often come with them are backed by bonds, called undertakings, meant to cover the people who could be hurt if the appointment or injunction turns out to be wrong or improperly carried out. This rule puts the job of proposing dollar figures for those bonds squarely on the party asking for the receiver.
At the hearing — whether the appointment is sought on notice or ex parte — the applicant has to propose specific amounts, with reasons, for three separate undertakings: the applicant's own bond tied to any injunction, the applicant's bond tied to the receiver's appointment, and the receiver's own bond. Other parties are free to weigh in with their own proposed numbers and reasoning, but only the applicant is required to.
Frequently Asked Questions
Why does a receivership involve bonds or undertakings?
To protect the property and the other parties against harm if the appointment or an accompanying injunction turns out to be wrongful or improperly carried out.
Who has to propose the dollar amounts for these bonds?
The applicant must; other parties may add their own proposed amounts and reasoning, but are not required to.
What are the three undertakings this rule covers?
The applicant's bond tied to any injunction, the applicant's bond tied to the receiver's appointment, and the receiver's own bond.
Amendment History
Rule 3.1178 amended and renumbered effective January 1, 2007; adopted as rule 1902.5 effective January 1, 2004.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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