(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.
§ 1030.Motion For Plaintiff Residing Out of State Or Foreign Corporation to File Undertaking Securing Costs In Special Proceeding
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1988 · Last verified July 28, 2026
In one sentenceSection 1030 lets a defendant move, by noticed motion, to require an out-of-state or foreign-corporation plaintiff to post an undertaking securing anticipated costs and statutorily authorized attorney's fees, if the defendant shows a reasonable possibility of winning, with dismissal as the consequence for missing the filing deadline.
Full Text of § 1030
(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.
(e) If the defendant's motion for an order requiring an undertaking is filed not later than 30 days after service of summons on the defendant, further proceedings may be stayed in the discretion of the court upon application to the court by the defendant by noticed motion for the stay until 10 days after the motion for the undertaking is denied or, if granted, until 10 days after the required undertaking has been filed and the defendant has been served with a copy of the undertaking. The hearing on the application for the stay shall be held not later than 60 days after service of the summons. If the defendant files a motion for an order requiring an undertaking, which is granted but the defendant objects to the undertaking, the court may in its discretion stay the proceedings not longer than 10 days after a sufficient undertaking has been filed and the defendant has been served with a copy of the undertaking.
(f) The determinations of the court under this section have no effect on the determination of any issues on the merits of the action or special proceeding and may not be given in evidence nor referred to in the trial of the action or proceeding.
(g) An order granting or denying a motion for an undertaking under this section is not appealable.
Plain-English Summary
Out-of-state and foreign-corporation plaintiffs create a practical problem for California defendants: if the defendant wins, collecting a costs award from someone with no local assets can be difficult. Section 1030 addresses that by letting the defendant, at any time, move by noticed motion for an order requiring the plaintiff to post an undertaking securing costs and attorney's fees that might ultimately be awarded.
The motion has to be grounded on the plaintiff's out-of-state residence or foreign corporate status and on a reasonable possibility that the moving defendant will win the case, backed by an affidavit setting out the costs and fees the defendant has already incurred and expects to incur, plus a memorandum of points and authorities. "Attorney's fees" here means fees the defendant is independently authorized to recover by another statute or by contract -- this section doesn't create a new fee-shifting right on its own.
If the court grants the motion after a hearing, the plaintiff has to file the undertaking within 30 days of service of the order, or a longer time the court allows. Missing that deadline means dismissal of the action as to that defendant. Subdivisions (e) through (g) round out the mechanics: proceedings can be stayed while the motion is pending if the defendant moves quickly enough, the court's findings have no bearing on the merits and aren't admissible at trial, and the ruling on the undertaking motion itself isn't appealable.
Frequently Asked Questions
Who can be required to post an undertaking under Section 1030?
A plaintiff who resides out of state or is a foreign corporation, on a defendant's motion showing a reasonable possibility that the defendant will win the case.
What does the undertaking secure?
An award of costs and attorney's fees that may be recovered in the action, with "attorney's fees" here meaning fees the defendant could recover under a separate statute or contract.
What happens if the plaintiff doesn't post the required undertaking in time?
The action is dismissed as to the defendant in whose favor the order was made, unless the plaintiff files it within the time the court allows.
Can the court's ruling on this motion be appealed?
No, Section 1030(g) makes an order granting or denying the motion non-appealable.
Does the ruling on this motion affect the merits of the case?
No. Subdivision (f) says the court's determinations have no effect on the merits and can't be used in evidence or referred to at trial.
Amendment History
Amended by Stats. 1988, Ch. 189, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1030 out of state plaintiff cost bond californiaforeign corporation plaintiff undertaking californiasecurity for costs motion california