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California Statutes, Title CCP

California/Statutes

← All California coverage

Title CCP, California Code Civ. Proc.

234 chapters · 3,411 sections in this title.

All chapters in Title CCP3,411 Ch 2, Powers of Judges at Chambers485 Ch 3, Supreme Court462 Ch 4, Superior Courts435 Ch 1, Courts of Justice in General368 Ch 5, Miscellaneous Provisions Respecting …265 Ch 6, General Provisions Respecting Courts…252 Ch 7, Special Immigrant Juvenile Findings189 Ch 8, Actions Against Coowners of Mines142 Ch 9, Validating Proceedings104 Ch 11, Actions to Recover COVID-19 Rental Debt71 Ch 5.5, Small Claims Court62 Ch 10, Good Faith Improver of Property Owne…46 Ch 12, Actions for Restitution for or Repla…40

3,411 sections·Filtered byTitle CCP✕

Code Civ. Proc. § 995.840 Section 995.840
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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. (Added by Stats. 1982, Ch. 998, Sec. 1.)
Code Civ. Proc. § 995.850 Section 995.850
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(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 …
Code Civ. Proc. § 995.910 Section 995.910
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This article governs objections to a bond given in an action or proceeding. (Added by Stats. 1982, Ch. 998, Sec. 1.)
Code Civ. Proc. § 995.920 Section 995.920
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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. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Showing 601–650 of 3,411

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Code Civ. Proc. § 995.930 Section 995.930

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(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…

Code Civ. Proc. § 995.940 Section 995.940

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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…

Code Civ. Proc. § 995.950 Section 995.950

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(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…

Code Civ. Proc. § 995.960 Section 995.960

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(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…

Code Civ. Proc. § 996.010 Section 996.010

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(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…

Code Civ. Proc. § 996.020 Section 996.020

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(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…

Code Civ. Proc. § 996.030 Section 996.030

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(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…

Code Civ. Proc. § 996.110 Section 996.110

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(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…

Code Civ. Proc. § 996.120 Section 996.120

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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…

Code Civ. Proc. § 996.130 Section 996.130

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(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…

Code Civ. Proc. § 996.140 Section 996.140

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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. (Added by Stats. …

Code Civ. Proc. § 996.150 Section 996.150

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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…

Code Civ. Proc. § 996.210 Section 996.210

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(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…

Code Civ. Proc. § 996.220 Section 996.220

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(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 …

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. (Added …

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. (Added by Stats. 1982, Ch. 998, Sec. 1.)

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. (Added by Stats. 1982, Ch. 998, Sec. 1.)

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. (Added by Stats. 19…

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. (Added by Stats. 1982, Ch. 998, Sec. 1.)

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. (Added by Stats. 1984, Ch. 538, Sec. 33.3.)

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. (Added by Stats.…

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. (Added by Stats. 1982, Ch. 998, Sec. 1.)

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. (Added by Stats. 1982, Ch. 998, Sec. 1.)

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. (Added by Stats. 1982, Ch. 998, Sec. 1.)

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…

Code Civ. Proc. § 1085 Section 1085

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(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…

Code Civ. Proc. § 1085.5 Section 1085.5

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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…

Code Civ. Proc. § 1086 Section 1086

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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.)

Code Civ. Proc. § 1087 Section 1087

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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…

Code Civ. Proc. § 1088 Section 1088

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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…

Code Civ. Proc. § 1088.5 Section 1088.5

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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 …