California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 14 — Of Miscellaneous Provisions, Chapter 2 — Bonds and Undertakings, Article 2 — General Provisions, Section 995.240

The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable to obtain sufficient sureties, whether personal or admitted surety insurers. In exercising its discretion the court shall take into consideration all factors it deems relevant, including but not limited to the character of the action or proceeding, the nature of the beneficiary, whether public or private, and the potential harm to the beneficiary if the provision for the bond is waived.

Notes

Allows a court to waive a bond requirement when the principal is indigent and cannot obtain sufficient personal or admitted-insurer sureties, and to issue appropriate orders as if the bond had been given. Requires consideration of relevant factors including the proceeding’s character, the beneficiary’s public or private nature, and potential harm from waiver.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 995.240 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-14/chapter-2/article-2/section-995-240

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