(a) Except as provided in subdivision (b), all undertakings given pursuant to this title shall be presented to a proper court for approval and upon approval shall be filed with the court in which the action is pending.
§ 489.060.Presentment and Filing
Title 6.5. Attachment · Chapter 9. Undertakings · Article 1. General Provisions · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 489.060 requires every undertaking filed under this title to be presented to the court for approval and then filed in the pending action, unless the surety is an admitted surety insurer, in which case no court approval is needed.
Full Text of § 489.060
(b) If the surety on the undertaking is an admitted surety insurer, the undertaking is not required to be approved by the court.
Plain-English Summary
Filing an undertaking is not just dropping a bond in the court file. Under § 489.060(a), the undertaking must first go to a proper court for approval, and only after the court approves it does the party file it in the action.
Subdivision (b) cuts out that approval step in the most common case: when the surety is an admitted surety insurer -- a bonding company licensed to write bonds in California. Because the state already regulates and licenses those insurers, the court does not need to independently vet their financial capacity to answer for the bond.
The practical effect is that most litigants who buy a bond from a licensed surety company can file it directly, while a bond backed by an individual or an unlicensed entity still needs the court's sign-off before it counts.
Frequently Asked Questions
Do all attachment undertakings need court approval before filing?
Only if the surety is not an admitted surety insurer. Section 489.060(b) exempts undertakings backed by an admitted surety insurer from the court-approval requirement in subdivision (a).
What is an admitted surety insurer?
Section 489.060 uses the term without defining it here -- it refers to a surety insurance company licensed to write bonds in California, and its undertakings do not need separate court approval before filing.
Where does an approved undertaking get filed?
Section 489.060(a) requires it to be filed with the court in which the action is pending, after the court approves it.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 107.
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: admitted surety insurer california attachmentfiling an undertaking california court approvalattachment bond approval requirement