New sufficient undertaking after court finds bond insufficient: within 5 days
5 days after date of the order determining the undertaking insufficient, under Cal. Code Civ. Proc. 995.960(b)(1); 922.
Rule text
(1) The court shall specify in what respect the bond is insufficient and shall order that a bond with sufficient sureties and in a sufficient amount be given within five days. If a sufficient bond is not given within the time required by the court order, all rights obtained by giving the bond immediately cease and the court shall upon ex parte motion so order.
Calculate this deadline
- Trigger (Date of the order determining the undertaking insufficient): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Cal. Code Civ. Proc. 995.960(b)(1); 922
(1) The court shall specify in what respect the bond is insufficient and shall order that a bond with sufficient sureties and in a sufficient amount be given within five days. If a sufficient bond is not given within the time required by the court order, all rights obtained by giving the bond immediately cease and the court shall upon ex parte motion so order.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- Use the date in the court's order if it differs. If not given, the stay of enforcement ends (CCP 922) and levied property is not released. The existing bond stays in effect until replaced or the time expires (995.960(b)(2)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the order determining the undertaking insufficient on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date of the order determining the undertaking insufficient): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Notes
Use the date in the court's order if it differs. If not given, the stay of enforcement ends (CCP 922) and levied property is not released. The existing bond stays in effect until replaced or the time expires (995.960(b)(2)).
Related deadlines
- Opposition to petition for writ of supersedeas: 15 days after petition filed (15 days after)
- Objection to appeal undertaking (stay bond): 10 days after service of copy of bond (10 days after)
- Hearing on objection to undertaking: not less than 2 days after service of notice of motion (2 days after)
- Hearing on objection to undertaking: not more than 5 days after service of notice of motion (5 days after)
- Payment after affirmance of money judgment stayed by undertaking: 30 days after remittitur filed (30 days after)
- Payment on right-to-attach-order appeal undertaking: 30 days after judgment final (30 days after)
- Outer limit of trial court's discretionary stay (bond-type judgments) without consent: 10 days after last day to appeal (10 days after)
- Automatic stay of order allowing removal of child from California: 30 days from entry (non-juvenile court) (30 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.