§ 489.010.Applicability of Bond and Undertaking Law
Title 6.5. Attachment · Chapter 9. Undertakings · Article 1. General Provisions · Enacted 1985 · no amendments on record · Last verified July 28, 2026
Full Text of § 489.010
Plain-English Summary
Attachment law asks a plaintiff to post several different bonds along the way -- one to get the writ, one a defendant can post to get property back, one on appeal. Rather than writing separate rules for how each of those bonds is drafted, approved, enforced, and released, § 489.010 borrows an existing body of law: the Bond and Undertaking Law found at CCP § 995.010 and following.
That borrowed law covers the mechanics every bond needs -- who can act as a surety, what a bond must say, how a party challenges a bond's sufficiency, how a surety is released, and how a judgment creditor collects against a bond that turns out to be worthless. Section 489.010 folds all of that into Title 6.5's attachment scheme automatically.
The borrowing has one limit: it only fills gaps. Where this title spells out its own rule -- the $10,000 default undertaking amount in § 489.220, for instance, or the ten-day filing window in § 489.410 -- that specific rule controls. Section 995.010's general provisions step back whenever Title 6.5 has already spoken.
Frequently Asked Questions
Does the general Bond and Undertaking Law apply to attachment undertakings in California?
Yes. Section 489.010 applies the Bond and Undertaking Law (CCP § 995.010 and following) to every bond required under this title, except where this title sets its own different or conflicting rule.
What happens when this title and the general bond law disagree?
This title's own rule controls. Section 489.010 applies the general Bond and Undertaking Law only to the extent this title does not prescribe a different rule or is not inconsistent with it.
Where can I find rules on who qualifies as a surety on an attachment undertaking?
Those general surety qualification rules live in the Bond and Undertaking Law itself, CCP § 995.010 and following, which § 489.010 incorporates into this title.
Is § 489.010 itself a rule about undertaking amounts or procedure?
No. It is a bridge provision -- it does not set an amount or a filing deadline itself, it tells you which body of law to consult for the mechanics this title does not separately cover.
Amendment History
Added by Stats. 1985, Ch. 41, Sec. 2.