Shannon

Appellant appeals from an order dismissing his action. As a nonresident plaintiff, he had been ordered to post a $1,000 undertaking pursuant to Code of Civil Procedure section 1030, subdivision (a). He did not do so within the 13 days ordered for compliance, and pursuant to section 1030, subdivision (d) the master calendar judge dismissed the action.

Against contentions to the contrary, we conclude that Code of Civil Procedure section 1030, subdivisions (a) and (b) provide constitutional due process protection and that the trial court had the jurisdiction to reduce the time for compliance with the order for undertaking from 30 to 13 days pursuant to Code of Civil Procedure section 1030, subdivision (d).

Facts

On August 20, 1979, appellant (plaintiff) filed a complaint for personal injuries against respondent (defendant) who was served and answered. The matter was later ordered into mandatory arbitration and after a full hearing the arbitrator found for the respondent.

Following the filing of a request for trial de novo by appellant, a formal trial setting conference was held on March 1, 1984, and a trial date of June 20, 1984 obtained.

On May 17, 1984, respondent…