Does a court have to relieve a plaintiff from the requirement of an injunction bond under section 529 of the Code of Civil Procedure?

California, United States of America


The following excerpt is from Beaudreau v. Superior Court, 121 Cal.Rptr. 585, 14 Cal.3d 448, 535 P.2d 713 (Cal. 1975):

8 In Conover v. Hall, Supra, 11 Cal.3d at pp. 850--853, 114 Cal.Rptr. 642, 523 P.2d 682, we held that a court granting an injunction had the discretion to relieve the plaintiff upon the ground of indigency from the requirement of an injunction bond under section 529 of the Code of Civil Procedure despite the fact that the plaintiff did not proceed formally in forma pauperis and that the court did not conduct a formal inquiry into the plaintiff's assets where it could reasonably conclude from the facts before it that the plaintiff was poor and could not afford to post the bond.

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