You’re here because you’ve probably been asked to obtain a California injunction bond, looking for some information about it, or just simply curious about what it is.
Whatever your reason is, you’ve come to the right place…or site. This post will provide you with detailed information about an injunction bond that is specific to the State of California.
In a few minutes, you’ll learn about the following:
- What an injunction is
- What a California injunction bond is
- How an injunction bond works
- How much a California injunction bond cost
- How to easily get one
What is an injunction?
Before we go through the details of what an injunction bond is, it is first important to understand what an injunction is.
The California Code of Civil Procedure defines an injunction as “a writ or order requiring a person to refrain from a particular act”.
The person being referred to in the aforementioned definition is the plaintiff. A plaintiff can file for an injunction in order to protect himself or herself from irreparable injury that may be caused by a defendant.
A defendant can be an individual, a government entity, or a business entity.
An injunction is a type of legal remedy. The plaintiff can ask for an injunction instead of asking for monetary compensation.
When an injunction is granted, the court is basically telling the defendant not to do specific acts in order to protect the plaintiff.
There are three types of injunctions in California, namely:
- Temporary Restraining Order (TRO) – is a temporary measure while waiting for a preliminary injunction decision. TROs can be granted ex parte, which means it can be granted without the presence of all parties involved as long as an irreparable injury can be established.
- Preliminary Injunction – full evidentiary hearing attended by all parties involved must take place before a preliminary injunction is granted.
- Permanent Injunction – is a final court order that is granted after a trial hearing. When a permanent injunction is granted by the court, the defendant will be forbidden to perform the acts permanently.
What is a California injunction bond?
A restraining order or preliminary injunction cannot be granted without an injunction bond.
This type of surety bond will ensure that the defendant will be rightfully compensated in the event that the court finds sufficient evidence that the defendant has been wrongfully enjoined.
An injunction bond should be obtained by the plaintiff.
The surety will guarantee the compliance of the plaintiff (principal of the bond) in regards to the fulfillment of the bond’s obligations – which is primarily to compensate the defendant.
How does an injunction bond work?
The plaintiff is expected to resolve the claim if someone challenges the injunction and files a claim against the bond.
If the plaintiff fails to do so, the surety will investigate the validity of the claim. If the claim is not valid, then no further action is required from the surety. However, the plaintiff will have to reimburse the cost of the investigation committed by the surety.
If the claim is valid, the surety will ask the plaintiff to settle the claim. If the plaintiff refuses to do so, the surety will do it on behalf of the plaintiff.
The settlement cost, legal fees, and other charges associated with resolving the claim must be reimbursed to the surety by the plaintiff.
How much does a California injunction bond cost?
The bond amount will be determined by the court. The court will compute the amount taking into consideration the payment for damages, legal fees, interests, and other charges.
Bond premium (cost to the customer) is a small percentage of the bond amount that will be paid to the surety. Generally, the bond premium is 1% (if fully collateralized). If you are able to get the bond approved without collateral, the cost is generally 2%.
Note: Most California Injunction bonds require collateral. However, on a case-by-case, our company can sometimes approve injunction bonds without collateral.
How to obtain a California injunction bond?
You can get a California injunction bond from us. Surety Bond Authority is licensed to provide injunction bonds in all 50 states.
Just follow these simple steps:
SEND US A BOND APPLICATION – We begin the bonding process with an application. You may send your application for this bond HERE!
UNDERWRITING – Once we have received your application, an underwriter will ask you to submit several requirements.
ISSUANCE – As soon as the underwriter has completed the necessary in-depth check, you will be asked to sign an indemnity agreement. Once that has been accomplished and the bond premium is paid, the bond will immediately be sent to you.
While we have created a faster and easier bonding process, thorough underwriting must be performed for an injunction bond to verify the degree of risk.