Title CCP, California Code Civ. Proc.

A surety may cancel or withdraw from a bond by giving a notice of cancellation or withdrawal to the officer to whom the bond was given in the same manner the bond was given, notwithstanding Section 995.030. The surety shall at the same time mail or deliver a copy of the notice of…

Cancellation or withdrawal of a surety is effective at the earliest of the following times: (a) Thirty days after notice of cancellation or withdrawal is given. (b) If a new surety is substituted for the original surety, the date the substitution becomes effective. (c) If a new b…

(a) If the principal does not give a new bond within 30 days after notice of cancellation or withdrawal is given, all rights obtained by giving the original bond immediately cease, any office for which the bond is given is vacant, any commission for which the bond is given is rev…

If the withdrawal of a surety does not reduce the amount of the bond or the number of sureties below the minimum required by the statute providing for the bond, no new bond is required or necessary to maintain the original bond in effect. (Added by Stats. 1982, Ch. 998, Sec. 1.)

If a surety cancels or withdraws from a bond: (a) The bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose before, the cancellation or withdrawal. Legal proceedings may be had therefor in all respect…

(a) The beneficiary may enforce the liability on a bond against both the principal and sureties. (b) If the beneficiary is a class of persons, any person in the class may enforce the liability on a bond in the person’s own name, without assignment of the bond. (Added by Stats. 19…

(a) A surety on a bond given in an action or proceeding submits itself to the jurisdiction of the court in all matters affecting its liability on the bond. (b) This section does not apply to a bond of a public officer or fiduciary. (Added by Stats. 1982, Ch. 998, Sec. 1.)

(a) The liability on a bond may be enforced by civil action. Both the principal and the sureties shall be joined as parties to the action. (b) If the bond was given in an action or proceeding, the action shall be commenced in the court in which the action or proceeding was pendin…

(a) If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court without the necessity of an independent action. (b) The motion shall not be made until after entry of the final judgment in the action or proceeding in which t…

No provision in a bond is valid that attempts by contract to shorten the period prescribed by Section 337 or other statute for the commencement of an action on the bond or the period prescribed by Section 996.440 for a motion to enforce a bond. This section does not apply if the …

(a) Notwithstanding Section 2845 of the Civil Code, a judgment of liability on a bond shall be in favor of the beneficiary and against the principal and sureties and shall obligate each of them jointly and severally. (b) The judgment shall be in an amount determined by the court.…

(a) Notwithstanding any other statute other than Section 996.480, the aggregate liability of a surety to all persons for all breaches of the condition of a bond is limited to the amount of the bond. Except as otherwise provided by statute, the liability of the principal is not li…

Nothing in this chapter is intended to limit the liability of a surety pursuant to any other statute. This section is declaratory of, and not a change in, existing law. (Added by Stats. 1984, Ch. 538, Sec. 33.3.)

(a) If the nature and extent of the liability of the principal is established by final judgment of a court and the time for appeal has expired or, if an appeal is taken, the appeal is finally determined and the judgment is affirmed: (1) A surety may make payment on a bond without…

(a) Payment by a surety of the amount of a bond constitutes a full discharge of all the liability of the surety on the bond. (b) Each surety is liable to contribution to cosureties who have made payment in proportion to the amount for which each surety is liable. (Added by Stats.…

A judgment of liability on a bond may be enforced in the same manner and to the same extent as other money judgments. (Added by Stats. 1982, Ch. 998, Sec. 1.)

This article applies to proceedings for the benefit of the state to enforce the liability on a bond executed to, in favor of, or payable to the state or the people of the state, including but not limited to an official bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)

The person enforcing the liability may file with the court in the proceedings an affidavit stating the following: (a) The bond was executed by the defendant or one or more of the defendants (designating whom). (b) The bond is one to which this article applies. (c) The defendant o…

The clerk receiving the affidavit shall certify to the recorder of the county in which the real property is situated all of the following: (a) The names of the parties. (b) The court in which the proceedings are pending. (c) The amount claimed. (d) The date of commencement of the…

(a) Upon receiving the certificate the county recorder shall endorse upon it the time of its receipt. (b) The certificate shall be filed and recorded in the same manner as notice of the pendency of an action affecting real property. (Added by Stats. 1982, Ch. 998, Sec. 1.)

(a) Any judgment recovered is a lien upon all real property belonging to the defendant situated in any county in which the certificate is filed, from the filing of the certificate. (b) The lien is for the amount for which the owner of the real property is liable upon the judgment…

If an agreement to sell real property affected by the lien created by the filing of a certificate was made before the filing of the certificate and the purchase price under the agreement was not due until after the filing of the certificate, and the purchaser is otherwise entitle…

(a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use a…

Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture under Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Co…

The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested. (Amended by Stats. 1907, Ch. 244.)

The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and…

When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance. With the alternativ…

In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of filing, but proof of service of a copy of the filed petition must be lodged with the court prior to a hearing or any action …

On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served m…

Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond with…

If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in i…

On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance. (Amended by Stats. 1971, Ch. 1475.)

The motion for new trial must be made in the Court in which the issue of fact is tried. (Enacted 1872.)

If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the Court in which the application for the writ is pending, a certified copy of the verdict a…

If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argumen…

(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of…

(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the pe…

(a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be cond…

(a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides …

If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and a peremptory mandate must also be award…

The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any Board or body, is service upon the Board or body, whether at the time of the service the Board …

Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been…

Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll. (Amended by Stats. 1933, Ch. 745.)

The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the same court, and is in the same manner subject to appeal. (Amended by Stats. 1998, Ch. 931, Sec. 115. Effective September 28, 1998.)

A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (Repealed and added by Stats. 1961, Ch. 461.)

For the purposes of this article, any request to arbitrate made pursuant to subdivision (a) of Section 1299.4 shall be considered as made pursuant to a written agreement to submit a controversy to arbitration. (Added by Stats. 2000, Ch. 906, Sec. 1. Effective January 1, 2001.)