In Acoustics, Inc. v. Trepte Constr. Co. (1971) 14 Cal. App. 3d 887, the filing of the bond preceeded the filing of the action. ( Id. at p. 915.) However, the issue presented in Acoustics was whether the bond was "obtained 'in connection with the action' " ( id. at p. 916, italics added), which language is much broader than the phrase "given in an action or proceeding." ( 996.440, subd. (a).) The court concluded "the filing of the stop notice, and the filing of the release bond followed by the filing of the action are so related that it can be said that the release bond was obtained in connection with the action within the meaning of former section 1035, Code of Civil Procedure, and, therefore, the premiums paid on such bond . . . may be allowed as costs . . . ." ( Acoustics, Inc., supra, at p. 916.)