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California Code of Civil Procedure Section 1030

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1030

1030.  (a) When the plaintiff in an action or special proceeding
resides out of the state, or is a foreign corporation, the defendant
may at any time apply to the court by noticed motion for an order
requiring the plaintiff to file an undertaking to secure an award of
costs and attorney's fees which may be awarded in the action or
special proceeding. For the purposes of this section, "attorney's
fees" means reasonable attorney's fees a party may be authorized to
recover by a statute apart from this section or by contract.
   (b) The motion shall be made 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 or special proceeding. The motion shall be
accompanied by an affidavit in support of the grounds for the motion
and by a memorandum of points and authorities. The affidavit shall
set forth 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.
   (c) If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the court's
order as security for costs and attorney's fees.
   (d) The plaintiff shall file the undertaking not later than 30
days after service of the court's order requiring it or within a
greater time allowed by the court. If the plaintiff fails to file the
undertaking within the time allowed, the plaintiff's action or
special proceeding shall be dismissed as to the defendant in whose
favor the order requiring the undertaking was made.
   (e) If the defendant's motion for an order requiring an
undertaking is filed not later than 30 days after service of summons
on the defendant, further proceedings may be stayed in the discretion
of the court upon application to the court by the defendant by
noticed motion for the stay until 10 days after the motion for the
undertaking is denied or, if granted, until 10 days after the
required undertaking has been filed and the defendant has been served
with a copy of the undertaking. The hearing on the application for
the stay shall be held not later than 60 days after service of the
summons. If the defendant files a motion for an order requiring an
undertaking, which is granted but the defendant objects to the
undertaking, the court may in its discretion stay the proceedings not
longer than 10 days after a sufficient undertaking has been filed
and the defendant has been served with a copy of the undertaking.
   (f) The determinations of the court under this section have no
effect on the determination of any issues on the merits of the action
or special proceeding and may not be given in evidence nor referred
to in the trial of the action or proceeding.
   (g) An order granting or denying a motion for an undertaking under
this section is not appealable.

Last modified: February 22, 2013