If the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with sureties to be approved by the Attorney General, conditioned on the party or the sureties paying any judgment for costs or damages recovered against the plaintiff, and all the costs and expenses incurred in prosecuting the action.
§ 810.Undertaking When Action Brought Upon Information Or Application of Private Party
Title 10. Actions In Particular Cases · Chapter 5. Actions for the Usurpation of an Office or Franchise · Last amended 2018 · Last verified July 28, 2026
In one sentenceSection 810 lets the Attorney General require a private party who triggered a usurpation action to post an approved undertaking guaranteeing payment of any judgment for costs or damages against the plaintiff and the expenses of prosecuting the case.
Full Text of § 810
Plain-English Summary
When a private party brings the underlying complaint that leads the Attorney General to sue under § 803, this section lets the Attorney General ask for a financial guarantee before proceeding. The Attorney General may require that private party to enter into an undertaking, with sureties the Attorney General approves.
The undertaking protects against the possibility that the action doesn't succeed. It's conditioned on the private party or the sureties covering any judgment for costs or damages entered against the plaintiff, along with all the costs and expenses of prosecuting the action. Because the action is brought in the People's name and the Attorney General controls it, this section gives the Attorney General a way to shift some of the financial risk back to the private party whose complaint set the litigation in motion.
Frequently Asked Questions
Can the Attorney General require a private complainant to post a bond?
Yes. Section 810 lets the Attorney General require an undertaking with approved sureties from a private party whose complaint led to the action.
What does the undertaking guarantee?
Payment of any judgment for costs or damages recovered against the plaintiff, and all costs and expenses of prosecuting the action.
Who approves the sureties on the undertaking?
The Attorney General.
Does this requirement apply when the Attorney General acts on the Attorney General's own information?
Section 810 addresses actions brought upon the information or application of a private party, tying the undertaking requirement to that private-party trigger.
Amendment History
Amended by Stats 2017 ch 561 (AB 1516),s 23, eff. 1/1/2018.
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: undertaking private party usurpation action california