Unless the provision or context otherwise requires:
§ 995.210.Undertaking Given In Place of Bond; Bond Given In Place of Undertaking
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 2. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 995.210 lets an undertaking be given wherever a statute calls for a bond, and a bond be given wherever a statute calls for an undertaking, so long as the substitute otherwise satisfies the requirements for what it's replacing, with statutory references read accordingly.
Full Text of § 995.210
(a) If a statute provides for a bond, an undertaking that otherwise satisfies the requirements for the bond may be given in its place with the same effect as if a bond were given, and references in the statute to the bond shall be deemed to be references to the undertaking.
(b) If a statute provides for an undertaking, a bond that otherwise satisfies the requirements for the undertaking may be given in its place with the same effect as if an undertaking were given, and references in the statute to the undertaking shall be deemed to be references to the bond.
Plain-English Summary
This section makes the bond/undertaking distinction largely a formality. If a statute calls for a bond, subdivision (a) lets a party give an undertaking instead, as long as that undertaking otherwise meets the bond's requirements — and every reference in the statute to "the bond" gets read as a reference to the undertaking given in its place.
Subdivision (b) works the same way in reverse: where a statute calls for an undertaking, a bond that otherwise satisfies the undertaking's requirements can be given in its place, with statutory references to "the undertaking" read as references to that bond.
Practically, this means a party facing a bond requirement doesn't need to track down the exact instrument type a particular statute names — either form works, as long as its substance satisfies what the statute demands.
Frequently Asked Questions
If a statute requires a bond, can I give an undertaking instead?
Yes, as long as the undertaking otherwise satisfies the requirements for the bond. Section 995.210(a) then reads statutory references to the bond as references to the undertaking.
Does the reverse work too — giving a bond where a statute calls for an undertaking?
Yes, § 995.210(b) allows that substitution on the same terms.
Does this mean the type of instrument named in a particular statute doesn't matter?
It matters less than the substance. Either a bond or an undertaking can satisfy the requirement, so long as it meets what the statute demands.
Amendment History
Added by Stats. 1982, Ch. 998, 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: bond vs undertaking california substitutioncan undertaking replace bond california