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SIMMONS v. CALIFORNIA COASTAL COM.

Docket No. 23883.

124 Cal.App.3d 790 (1981)

177 Cal. Rptr. 608

LINTON T. SIMMONS et al., Plaintiffs and Appellants, v. CALIFORNIA COASTAL COMMISSION, Defendant and Respondent; LARRY PELTIER et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Fourth District, Division Two.

October 20, 1981.

Attorney(s) appearing for the Case

COUNSEL

Beardsley, Hufstedler & Kemble, Hufstedler, Miller, Carlson & Beardsley, Dennis M. Perluss and Robert S. Thompson for Plaintiffs and Appellants.

Gibson, Dunn & Crutcher and Richard T. McCoy for Real Parties in Interest and Respondents.

No appearance for Defendant and Respondent.

OPINION

McDANIEL, J.

The appeal here is from an order after judgment following the moving party's resort to section 1058a of the Code of Civil Procedure. That section, according to Witkin, "was enacted in 1973 to give the beneficiary of a bond or undertaking ... a summary remedy against the surety by motion in the main action.... The statute, similar to C.C.P. 535, authorizing such a motion against the surety on an injunction bond...

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