California Non-Resident Plaintiff Cost Bond

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Bond Penalty: Set by Court upon hearing

A California cost bond can be required by a trial court under certain circumstances. Pursuant to California Code, Code of Civil Procedure (CCP §1030), when a civil action has been commenced in California and the plaintiff is a non-resident of the states or a foreign corporation, then the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file a California non-resident cost bond to secure an award of costs and attorney's fees which may be awarded in the action.

Per sections (b) and (c) of the Code, the defendant must make a motion on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action. The motion must contain an affidavit in support of the grounds for the motion and by a memorandum of points and authorities. The affidavit must also detail the nature and amount of the costs and attorney's fees the defendant has incurred and expects to incur by the conclusion of the action or special proceeding. If the Court determines that the grounds for the motion have been established, the court must order that the plaintiff file the California cost bond in an amount specified in the court's order. Unless provided an extension, the plaintiff is allowed thirty days to file the surety bond. Failure to do so will result in dismissal of the action. Judgments issued by the court in this limited matter, either granting or denying motions before it are not appealable.

California non resident plaintiff cost bond underwriting is best accomplished by a surety bond specialist with knowledge of this class of judicial bond and with experience manuscripting judicial cost bonds. California surety bond leader, Surety One, Inc., specializes in court bonds. A simple application and copy of the civil complaint or special proceedings pleading are all that are needed in order to receive a court cost bond quote. Your submission is reviewed and responded to within one hour of receipt. We are the MOST RESPONSIVE surety bond underwriter in the United States. Call (800) 373-2804, email us at or click here for a California cost bond application or for any court bond need.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of civil complaint