Title CCP — California Code Civ. Proc.
0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 996.230 Section 996.230
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A new, additional, or supplemental bond is subject to all the provisions applicable to the original bond and to the provisions of this chapter, including but not limited to the provisions governing giving and objecting to a bond and liabilities and enforcement procedures.
Code Civ. Proc. § 996.240 Section 996.240
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If a new bond is given in place of the original bond: (a) The original bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose before, the new bond became effective. (b) The sureties on the original bon…
Code Civ. Proc. § 996.250 Section 996.250
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(a) An additional or supplemental bond does not discharge or affect the original bond. The original bond remains in full force and effect as if the additional or supplemental bond had not been given. (b) After an additional or supplemental bond is given, the principal and suretie…
Code Civ. Proc. § 996.310 Section 996.310
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This article governs cancellation of or withdrawal of a surety from a bond given other than in an action or proceeding.
Code Civ. Proc. § 996.320 Section 996.320
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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…
Code Civ. Proc. § 996.330 Section 996.330
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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…
Code Civ. Proc. § 996.340 Section 996.340
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(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…
Code Civ. Proc. § 996.350 Section 996.350
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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.
Code Civ. Proc. § 996.360 Section 996.360
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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…
Code Civ. Proc. § 996.410 Section 996.410
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(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.
Code Civ. Proc. § 996.420 Section 996.420
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(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.
Code Civ. Proc. § 996.430 Section 996.430
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(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…
Code Civ. Proc. § 996.440 Section 996.440
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(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…
Code Civ. Proc. § 996.450 Section 996.450
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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 …
Code Civ. Proc. § 996.460 Section 996.460
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(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.…
Code Civ. Proc. § 996.470 Section 996.470
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(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…
Code Civ. Proc. § 996.475 Section 996.475
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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.
Code Civ. Proc. § 996.480 Section 996.480
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(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…
Code Civ. Proc. § 996.490 Section 996.490
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(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.
Code Civ. Proc. § 996.495 Section 996.495
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A judgment of liability on a bond may be enforced in the same manner and to the same extent as other money judgments.
Code Civ. Proc. § 996.510 Section 996.510
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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.
Code Civ. Proc. § 996.520 Section 996.520
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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…
Code Civ. Proc. § 996.530 Section 996.530
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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…
Code Civ. Proc. § 996.540 Section 996.540
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(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.
Code Civ. Proc. § 996.550 Section 996.550
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(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…
Code Civ. Proc. § 996.560 Section 996.560
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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…