(a) If a bond is given in an action or proceeding, the court may determine that the bond is or has from any cause become insufficient because the sureties are insufficient or because the amount of the bond is insufficient.
§ 996.010.Court Determination Bond Insufficient
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 10. Insufficient and Excessive Bonds · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.010 lets a court, on a supported motion by any party or its own motion, determine a bond given in an action or proceeding is or has become insufficient in sureties or amount, using the same objection procedure as §§ 995.920-995.960, and order a sufficient replacement bond given within five days on pain of the original rights ceasing.
Full Text of § 996.010
(b) The court determination shall be upon motion supported by affidavit or upon the court's own motion. The motion shall be deemed to be an objection to the bond. The motion shall be heard and notice of motion shall be given in the same manner as an objection to the bond.
(c) Upon the determination the court shall order that a sufficient new, additional, or supplemental bond be given within a reasonable time not less than five days. The court order is subject to any limitations in the statute providing for the bond.
(d) If a sufficient bond is not given within the time required by the court order, all rights obtained by giving the original bond immediately cease and the court shall upon ex parte motion so order.
Plain-English Summary
Article 9 lets a beneficiary object to a bond soon after it's given. This section covers a related but distinct situation: a bond that was fine at the outset but has since become insufficient, or one the court wants to scrutinize on its own initiative rather than waiting for a party to object.
The court can make that determination on a motion supported by affidavit, or entirely on its own motion. Either way, the motion is treated as an objection to the bond and follows the same hearing and notice procedures Article 9 already sets out. Once the court determines the bond insufficient, it orders a sufficient new, additional, or supplemental bond given within a reasonable time of at least five days, subject to whatever limits the statute requiring the bond imposes.
The consequence of noncompliance mirrors § 995.960's: if a sufficient bond isn't given by the deadline, every right obtained by the original bond immediately ceases, a result the court confirms on ex parte motion.
Frequently Asked Questions
Can a court review a bond's sufficiency without waiting for a party to object?
Yes, § 996.010(b) lets the court act on its own motion, or on a party's motion supported by affidavit.
What procedure governs this kind of determination?
The same hearing and notice procedures as an objection to a bond under Article 9.
What happens once the court determines the bond insufficient?
The court orders a sufficient new, additional, or supplemental bond given within a reasonable time of not less than five days.
What if the deadline passes without a sufficient bond?
All rights obtained by giving the original bond immediately cease, confirmed by the court on ex parte motion.
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: court determines bond insufficient californiamotion to increase bond amount california