What is the test for determining the appropriate amount of bond in a personal injury action?
California, United States of America
The following excerpt is from Oiye v. Fox, H036065, H036308 (Cal. App. 2012):
"The amount of the bond is fixed by the judge, exercising sound discretion, based on the probable damage that the enjoined party may sustain because of the injunction. [Citations.] This court cannot substitute its own view as to the proper amount of bond, but rather will disturb the trial court's exercise of discretion only if it clearly appears to be arbitrary or capricious and exceeds the bounds of reason." (Greenly v. Cooper (1978) 77 Cal.App.3d 382, 390.)
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