(a) If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court without the necessity of an independent action.
§ 996.440.Enforcement of Bond In Action Or Proceeding By Motion
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 14. Liability of Principal and Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.440 lets a party enforce liability on a bond given in an action or proceeding by motion in that same court, rather than a separate lawsuit, once the underlying judgment is final, on thirty days' notice supported by affidavits, with judgment entered summarily unless the principal or sureties raise a triable issue of fact.
Full Text of § 996.440
(b) The motion shall not be made until after entry of the final judgment in the action or proceeding in which the bond is given and the time for appeal has expired or, if an appeal is taken, until the appeal is finally determined. The motion shall not be made or notice of motion served more than one year after the later of the preceding dates.
(c) Notice of motion shall be served on the principal and sureties at least 30 days before the time set for hearing of the motion. The notice shall state the amount of the claim and shall be supported by affidavits setting forth the facts on which the claim is based. The notice and affidavits shall be served in accordance with any procedure authorized by Chapter 5 (commencing with Section 1010).
(d) Judgment shall be entered against the principal and sureties in accordance with the motion unless the principal or sureties serve and file affidavits in opposition to the motion showing such facts as may be deemed by the judge hearing the motion sufficient to present a triable issue of fact. If such a showing is made, the issues to be tried shall be specified by the court. Trial shall be by the court and shall be set for the earliest date convenient to the court, allowing sufficient time for such discovery proceedings as may be requested.
(e) The principal and sureties shall not obtain a stay of the proceedings pending determination of any conflicting claims among beneficiaries.
Plain-English Summary
This is the streamlined alternative to § 996.430's civil action, and it's the mechanism most often used in practice. If the bond was given in an action or proceeding, subdivision (a) lets the party enforce liability on motion, in that same court, without filing and serving an entirely new lawsuit.
Timing matters here. Subdivision (b) bars the motion until the underlying judgment is final, entered and the appeal period expired, or any appeal finally decided, and then gives only a year from that point to bring it. Subdivision (c) requires thirty days' notice to both the principal and sureties, stating the amount claimed and backed by affidavits laying out the supporting facts, served under the general procedures of Chapter 5, commencing at § 1010.
The motion isn't granted automatically just because it's filed. Subdivision (d) lets the principal or sureties head off summary judgment by filing opposing affidavits that raise a real, triable issue of fact; if they do, the court specifies what's in dispute and sets a bench trial on that issue as soon as the calendar and any needed discovery allow. Absent that showing, judgment enters in line with the motion.
Subdivision (e) closes off one delay tactic: the principal and sureties can't get a stay of these proceedings just because beneficiaries are fighting among themselves over who's entitled to what. Section 996.450 backs this framework up by making the one-year and thirty-day periods here, and the analogous period in § 337, immune to contractual shortening.
Frequently Asked Questions
How can a party enforce liability on a bond without filing a new lawsuit?
By motion in the court where the bond was given, if the bond was given in an action or proceeding.
When can that motion be filed?
Only after the underlying judgment is final and the appeal period has run, or any appeal is finally decided, and no later than one year after that.
What must the notice of motion include?
The amount of the claim, supported by affidavits, served at least thirty days before the hearing under Chapter 5's service procedures.
Can the principal or sureties stop judgment from being entered on the motion?
Yes, by filing opposing affidavits raising a triable issue of fact, which triggers a court trial on the specified issues.
Can the principal or sureties delay the motion because beneficiaries disagree among themselves about entitlement?
No. Section 996.440(e) bars a stay of the proceedings for that reason.
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: motion to enforce bond californiaenforce surety bond by motion instead of lawsuit