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§ 995.960.Order Determining Sufficiency Or Insufficiency

Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 9. Objections to Bonds · Enacted 1982 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 995.960 requires the court, after the hearing, to determine whether a bond is sufficient -- ordering an insufficient bond replaced within five days on pain of the original rights ceasing, while keeping an existing bond effective for prior liabilities until replaced or the deadline expires -- and bars future objections to a bond found sufficient absent changed circumstances.

Full Text of § 995.960

Text sizeJump to: (a) (b) (c)

(a) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond.
(b) If the court determines that the bond is insufficient:
(1) The court shall specify in what respect the bond is insufficient and shall order that a bond with sufficient sureties and in a sufficient amount be given within five days. If a sufficient bond is not given within the time required by the court order, all rights obtained by giving the bond immediately cease and the court shall upon ex parte motion so order.
(2) If a bond is in effect, the bond remains in effect until a bond with sufficient sureties and in a sufficient amount is given in its place, or the time in which to give the bond has expired, whichever first occurs. If the time in which to give a sufficient bond expires, the original bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose before, expiration.
(c) If the court determines that a bond is sufficient, no future objection to the bond may be made except upon a showing of changed circumstances.

Plain-English Summary

The hearing on a bond objection ends with a binding determination. Subdivision (a) requires the court to decide, one way or the other, whether the bond is sufficient.

If the court finds the bond insufficient, it has to specify exactly what's wrong and order a bond with sufficient sureties and a sufficient amount given within five days. Miss that deadline, and every right obtained by giving the original bond ceases immediately -- the court makes that determination on ex parte motion, without another full hearing. Until that happens, though, subdivision (b)(2) keeps an existing bond alive: it stays in effect until a sufficient replacement is given or the five-day window closes, whichever comes first, and even after expiration it remains fully binding for anything that happened before that point.

If instead the court finds the bond sufficient, subdivision (c) closes the door on relitigating the question -- no future objection to that same bond can be made, unless the objecting party can show circumstances have changed since the ruling.

Frequently Asked Questions

What happens if the court finds a bond insufficient?

The court specifies the deficiency and orders a sufficient replacement bond given within five days, and if that deadline is missed, the rights obtained by the original bond immediately cease.

Does the original bond stop protecting anyone the moment the court finds it insufficient?

No -- it remains in effect until a sufficient bond is given or the five-day period expires, and it stays binding for anything that occurred before that point even after expiration.

Can a beneficiary object again after the court finds a bond sufficient?

Only on a showing of changed circumstances since the ruling.

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
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