§ 995.220 Bond in action or proceeding; public entities and officers not required to give

Codes > California Code of Civil Procedure > Part 2 > Title 14 > 995.220

§ 995.220. Bond in action or proceeding; public entities and officers not required to give

    Notwithstanding any other statute, if a statute provides for a bond in an action or proceeding, including but not limited to a bond for issuance of a restraining order or injunction, appointment of a receiver, or stay of enforcement of a judgment on appeal, the following public entities and officers are not required to give the bond and shall have the same rights, remedies, and benefits as if the bond were given:

    (a) The State of California or the people of the state, a state agency, department, division, commission, board, or other entity of the state, or a state officer in an official capacity or on behalf of the state.

    (b) A county, city, or district, or public authority, public agency, or other political subdivision in the state, or an officer of the local public entity in an official capacity or on behalf of the local public entity.

    (c) The United States or an instrumentality or agency of the United States, or a federal officer in an official capacity or on behalf of the United States or instrumentality or agency.

    VALIDITY

    This section was held preempted by the federal procedural rule prohibiting unsecured stays in the case of Leuzinger v. County of Lake, N.D.Cal.2008, 253 F.R.D. 469.