Unless the parties otherwise agree, the hearing on an objection to an undertaking shall be held not less than 10 nor more than 15 days after service of the notice of motion. The court may order the amount of the undertaking decreased below the amount prescribed by Section 720.160 or 720.260 if the court determines the amount prescribed exceeds the probable recovery of the beneficiary if the beneficiary ultimately prevails in proceedings to enforce the liability on the undertaking.
§ 720.770.Hearing on Objection to Undertaking
Title 9. Enforcement of Judgments · Division 4 · Chapter 7. Undertakings · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 720.770 sets the hearing on an objection to an undertaking between 10 and 15 days after service of the notice of motion, absent agreement otherwise, and lets the court reduce the undertaking below the amount otherwise prescribed if that amount exceeds the beneficiary's probable recovery.
Full Text of § 720.770
Plain-English Summary
Once someone objects to an undertaking's sufficiency, this section sets the timetable and the standard for resolving it. Unless the parties agree to a different schedule, the hearing must happen no sooner than 10 days and no later than 15 days after the notice of motion is served — a window that moves the dispute along without rushing it.
At that hearing, the court has authority to adjust the undertaking amount downward from what §§ 720.160 or 720.260 would otherwise prescribe. The standard for doing so looks forward: if the court determines the prescribed amount exceeds what the beneficiary would probably recover if the beneficiary ultimately prevailed in a proceeding to enforce liability on the undertaking, the court can set a lower figure. The undertaking, in other words, doesn't have to be padded beyond what a realistic recovery would require.
Frequently Asked Questions
How soon after the notice of motion must the hearing be held?
Not less than 10 nor more than 15 days after service of the notice of motion, unless the parties agree otherwise.
On what basis can the court reduce the undertaking amount?
Can the parties change the hearing timeline?
Yes, § 720.770 allows the parties to agree to a different schedule.
Amendment History
Amended by Stats. 1983, Ch. 18, Sec. 15. Effective April 21, 1983. Operative July 1, 1983, by Sec. 40 of Ch. 18.
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: hearing objection to undertaking californiareduce amount of bond california