Currrent as of February 4, 2022

Code of Civil Procedure § 529

Undertakings


(a) On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to the injunction. Within five days after the service of the injunction, the person enjoined may object to the undertaking. If the court determines that the applicant’s undertaking is insufficient and a sufficient undertaking is not filed within the time required by statute, the order granting the injunction must be dissolved.

(b) This section does not apply to any of the following persons:

(1) Either spouse against the other in a proceeding for legal separation or dissolution of marriage.
(2) The applicant for an order described in Division 10 (commencing with Section 6200) of the Family Code.
(3) A public entity or officer described in Section 995.220.
(4) An applicant requesting an injunction under subdivision (d) of Section 1708.85 of the Civil Code.


History

Enacted 1872. Amended Code Amdts 1873–74 ch 624 § 1; Code Amdts 1880 ch 64 § 1; Stats 1907 ch 272 § 4; Stats 1931 ch 140 § 1; Stats 1933 ch 744 § 66; Stats 1979 ch 795 § 9, operative July 1, 1980; Stats 1982 ch 517 § 123; Stats 1992 ch 163 § 25 (AB 2641), operative January 1, 1994; Stats 1993 ch 219 § 63.7 (AB 1500); Stats 2021 ch 518 § 2 (AB 514), effective January 1, 2022.


CCP 529