Title CCP — California Code Civ. Proc.

(a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code, shall be executed by an admitted surety insurer. A public agency approving the bond on a public works contract shall have a duty t…

(a) A bond shall be in writing signed by the sureties under oath and shall include all of the following: (1) A statement that the sureties are jointly and severally liable on the obligations of the statute providing for the bond. (2) The address at which the principal and suretie…

A bond or undertaking given in an action or proceeding may be in the following form: “(Title of court. Title of cause.) Whereas the ... desires to give (a bond) (an undertaking) for (state what) as provided by (state sections of code requiring bond or undertaking); now, therefore…

If a bond is given in an action or proceeding: (a) The bond shall be filed with the court unless the statute providing for the bond requires that the bond be given to another person. (b) If the statute providing for the bond requires that the bond be given to an officer, the offi…

(a) Upon the filing of a bond with the court in an action or proceeding, the clerk shall enter in the register of actions the following information: (1) The date and amount of the bond. (2) The names of the sureties on the bond. (b) In the event of the loss of the bond, the entri…

A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the following conditions is satisfied: (a) The beneficiary so stipulates. (b) The bond is no longer in force and effect and the time during wh…

At the time a bond is given, the principal shall serve a copy of the bond on the beneficiary. An affidavit of service shall be given and filed with the bond.

(a) If a bond does not contain the substantial matter or conditions required by this chapter or by the statute providing for the bond, or if there are any defects in the giving or filing of the bond, the bond is not void so as to release the principal and sureties from liability.…

(a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer. (b) If the statute providing for a bond requires that the bond be approved, the court or officer may approve or disapprove the bond …

(a) Unless the statute providing for a bond provides that the bond becomes effective at a different time, a bond is effective at the time it is given or, if the statute requires that the bond be approved, at the time it is approved. (b) If the statute providing for a bond provide…

A bond remains in force and effect until the earliest of the following events: (a) The sureties withdraw from or cancel the bond or a new bond is given in place of the original bond. (b) The purpose for which the bond was given is satisfied or the purpose is abandoned without any…

A bond given as a condition of a license or permit shall be continuous in form, remain in full force and effect, and run concurrently with the license or permit period and any and all renewals, or until cancellation or withdrawal of the surety from the bond.

(a) A personal surety on a bond is sufficient if all of the following conditions are satisfied: (1) The surety is a person other than the principal. No officer of the court or member of the State Bar shall act as a surety. (2) The surety is a resident, and either an owner of real…

(a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each surety. (b) The affidavit shall contain all of the following information: (1) The name, occupation, residence address, and business address (if any) of the surety. (2) A statem…

(a) If a statute provides for a bond with any number of sureties, one sufficient admitted surety insurer may become and shall be accepted as sole surety on the bond. (b) The admitted surety insurer is subject to all the liabilities and entitled to all the rights of personal suret…

Two or more admitted surety insurers may be sureties on a bond by executing the same or separate bonds for amounts aggregating the required amount of the bond. Each admitted surety insurer is jointly and severally liable to the extent of the amount of the liability assumed by it.

An admitted surety insurer shall be accepted or approved by the court or officer as surety on a bond without further acknowledgment if the bond is executed in the name of the surety insurer under penalty of perjury or the fact of execution of the bond is duly acknowledged before …

Upon review of the Internet Web site of the Department of Insurance, the county clerk of any county shall, upon request of any person, do any of the following: (a) Issue a certificate stating whether a surety is admitted or if the certificate of authority of an admitted surety in…

If an objection is made to the sufficiency of an admitted surety insurer, the person making the objection shall attach to and incorporate in the objection one or both of the following: (a) The certificate of the county clerk of the county in which the court is located stating tha…

(a) If an objection is made to the sufficiency of an admitted surety insurer on a bond or if the bond is required to be approved, the insurer shall submit to the court or officer the following documents: (1) The original, or a certified copy, of the unrevoked appointment, power o…

(a) This section applies to a bond executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state or any law or ordinance of a public agency. No public agency shall require an admitted surety insurer to comply with any requirements other …

Notwithstanding Sections 995.660 and 995.670, the California Integrated Waste Management Board, the State Water Resources Control Board, and the Department of Toxic Substances Control may require, in order to comply with Subtitle C or Subtitle D of the federal Resource Conservati…

(a) Except as provided in subdivision (e) or to the extent the statute providing for a bond precludes a deposit in lieu of bond or limits the form of deposit, the principal may, without prior court approval, instead of giving a bond, deposit with the officer any of the following:…

(a) The market value of bonds or notes, including bearer bonds and bearer notes, shall be agreed upon by stipulation of the principal and beneficiary or, if the bonds or notes are given in an action or proceeding and the principal and beneficiary are unable to agree, the market v…

A deposit given instead of a bond has the same force and effect, is treated the same, and is subject to the same conditions, liability, and statutory provisions, including provisions for increase and decrease of amount, as the bond.

If no proceedings are pending to enforce the liability of the principal on the deposit, the officer shall: (a) Pay quarterly, on demand, any interest on the deposit, when earned in accordance with the terms of the account or certificate, to the principal. (b) Deliver to the princ…

(a) The principal shall pay the amount of the liability on the deposit within 30 days after the date on which the judgment of liability becomes final. (b) If the deposit was given to stay enforcement of a judgment on appeal, the principal shall pay the amount of the liability on …

(a) If the principal does not pay the amount of the liability on the deposit within the time prescribed in Section 995.750, the deposit shall be collected, sold, or otherwise applied to the liability upon order of the court that entered the judgment of liability, made upon five d…

A deposit given pursuant to this article shall be returned to the principal at the earliest of the following times: (a) Upon substitution of a sufficient bond for the deposit. The bond shall be in full force and effect for all liabilities incurred, and for acts, omissions, or cau…

The provisions of this article apply to a bond executed to, in favor of, in the name of, or payable to the State of California or the people of the state, including but not limited to an official bond.

Except as otherwise provided by statute, a bond given by an officer of the court for the faithful discharge of the officer’s duties and obedience to the orders of the court shall be to the State of California.

If a statute or court order pursuant thereto providing for a bond does not specify the beneficiary of the bond, the bond shall be to the State of California.

If a bond under this article is given in an action or proceeding: (a) The bond shall be approved by the court. (b) Any party for whose benefit the bond is given may object to the bond.

(a) The liability on a bond under this article may be enforced by or for the benefit of, and in the name of, any and all persons for whose benefit the bond is given who are damaged by breach of the condition of the bond. (b) A person described in subdivision (a) may, in addition …

This article governs objections to a bond given in an action or proceeding.

The beneficiary may object to a bond on any of the following grounds: (a) The sureties are insufficient. (b) The amount of the bond is insufficient. (c) The bond, from any other cause, is insufficient.

(a) An objection shall be in writing and shall be made by noticed motion. The notice of motion shall specify the precise grounds for the objection. If a ground for the objection is that the amount of the bond is insufficient, the notice of motion shall state the reason for the in…

If a ground for the objection is that the value of property or an interest in property on which the amount of the bond is based exceeds the value estimated in the bond: (a) The objection shall state the beneficiary’s estimate of the market value of the property or interest in pro…

(a) Unless the parties otherwise agree, the hearing on an objection shall be held not less than two or more than five days after service of the notice of motion. (b) The hearing shall be conducted in such manner as the court determines is proper. The court may permit witnesses to…

(a) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond. (b) If the court determines that the bond is insufficient: (1) The court shall specify in what respect the bond is insufficient and shall order that a bond with sufficien…

(a) If a bond is given in an action or proceeding, the court may determine that the bond is or has from any cause become insufficient because the sureties are insufficient or because the amount of the bond is insufficient. (b) The court determination shall be upon motion supporte…

(a) If a bond is given other than in an action or proceeding and it is shown by affidavit of a credible witness or it otherwise comes to the attention of the officer that the bond is or has from any cause become insufficient because the sureties are insufficient or because the am…

(a) The court if a bond is given or ordered in an action or proceeding, or the officer if a bond is given or ordered other than in an action or proceeding, may determine that the amount of the bond is excessive and order the amount reduced to an amount that in the discretion of t…

(a) A surety on a bond given in an action or proceeding may at any time apply to the court for an order that the surety be released from liability on the bond. (b) The principal on a bond may, if a surety applies for release from liability on a bond, apply to the court for an ord…

Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety. If the court determines that release would not reduce the amount of the bond or the number of sureties below the minimum requi…

(a) If a substitute surety is given, the substitute surety is subject to all the provisions of this chapter, including but not limited to the provisions governing insufficient and excessive bonds. (b) Upon the substitution of a sufficient surety, the court shall order the release…

If the principal does not give a sufficient substitute surety within the time ordered by the court or such longer time as the surety consents to, all rights obtained by giving the original bond immediately cease and the court shall upon ex parte motion so order.

If a surety is ordered released from liability on 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 release. Legal proceedings may be had therefor in all respects as th…

(a) The principal shall give a new, additional, or supplemental bond if the court or officer orders that a new, additional, or supplemental bond be given. (b) The principal may give a new bond if a surety withdraws from or cancels the original bond or to obtain the release of sur…

(a) A new, additional, or supplemental bond shall be in the same form and have the same obligation as the original bond and shall be in all other respects the same as the original bond, and shall be in such amount as is necessary for the purpose for which the new, additional, or …