Simmons

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 ... provides [in substance] as follows:

The main action has been the subject of an appeal before this court in another phase of the case. Plaintiffs-appellants here were petitioners in an administrative mandamus proceeding to challenge certain orders of the California Coastal Commission which permit construction of a three-unit condominium near the ocean in San Clemente.

Early on, in the course of the superior court proceeding, the petitioners obtained on June 7, 1978, an order which operated to stay the construction noted until the case was prosecuted to judgment. In connection therewith, petitioners soon thereafter, on June 30, 1978, were required as a condition of continuing the stay in effect, to post a $30,000 surety bond as indemnity ¿gainst any damages…