reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 4 - Approval and Effect › Section 995.440.

995.440. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 5 - Personal Sureties › Section 995.510.

995.510. (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 property or householder, within the state.
(3) The surety is worth the amount of the bond in real or personal property, or both, situated in this state, over and above all debts and liabilities, exclusive of property exempt from enforcement of a money judgment.
(b) If the amount of a bond exceeds ten thousand dollars ($10,000) and is executed by more than two personal sureties, the worth of a personal surety may be less than the amount of the bond, so long as the aggregate worth of all sureties executing the bond is twice the amount of the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 5 - Personal Sureties › Section 995.520.

995.520. (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 statement that the surety is a resident, and either an owner of real property or householder, within the state.
(3) A statement that the surety is worth the amount of the bond in real or personal property, or both, situated in this state, over and above all debts and liabilities, exclusive of property exempt from enforcement of a money judgment.
(c) If the amount of the bond exceeds five thousand dollars ($5,000), the affidavit shall contain, in addition to the information required by subdivision (b), all of the following information:
(1) A description sufficient for identification of real and personal property of the surety situated in this state and the nature of the surety’s interest therein that qualifies the surety on the bond.
(2) The surety’s best estimate of the fair market value of each item of property.
(3) A statement of any charge or lien and its amount, known to the surety, whether of public record or not, against any item of property.
(4) Any other impediment or cloud known to the surety on the free right of possession, use, benefit, or enjoyment of the property.
(d) If the amount of the bond exceeds ten thousand dollars ($10,000) and is executed by more than two sureties, the affidavit may state that the surety is worth less than the amount of the bond and the bond may stipulate that the liability of the surety is limited to the worth of the surety stated in the affidavit, so long as the aggregate worth of all sureties executing the bond is twice the amount of the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.610.

995.610. (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 sureties.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.620.

995.620. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.630.

995.630. 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 an officer authorized to take and certify acknowledgments, and either one of the following conditions, at the option of the surety insurer, is satisfied:
(a) A copy of the transcript or record of the unrevoked appointment, power of attorney, bylaws, or other instrument, duly certified by the proper authority and attested by the seal of the insurer entitling or authorizing the person who executed the bond to do so for and in behalf of the insurer, is filed in the office of the clerk of the county in which the court or officer is located.
(b) A copy of a power of attorney is attached to the bond.
(Amended by Stats. 1992, Ch. 380, Sec. 1. Effective January 1, 1993.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.640.

995.640. 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 insurer issued by the Insurance Commissioner authorizing the insurer to transact surety insurance has been surrendered, revoked, canceled, annulled, or suspended, and, in the event that it has, whether renewed authority has been granted. The county clerk in issuing the certificate shall rely solely upon the information furnished by the Insurance Commissioner pursuant to Article 2 (commencing with Section 12070) of Chapter 1 of Part 4 of Division 2 of the Insurance Code.
(b) Issue a certificate stating whether a copy of the transcript or record of the unrevoked appointment, power of attorney, bylaws, or other instrument, duly certified by the proper authority and attested by the seal of an admitted surety insurer entitling or authorizing the person who executed a bond to do so for and on behalf of the insurer, is filed in the office of the clerk.
(Amended by Stats. 2008, Ch. 351, Sec. 1. Effective January 1, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.650.

995.650. 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 that the insurer is not listed as an admitted surety insurer on the department’s Internet Web site or that the certificate of authority of the insurer has been surrendered, revoked, canceled, annulled, or suspended and has not been renewed.
(b) An affidavit stating facts that establish the insufficiency of the insurer.
(Amended by Stats. 2008, Ch. 351, Sec. 2. Effective January 1, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.660.

995.660. (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 of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within 10 calendar days of the insurer’s receipt of a request to submit the instrument.
(2) A certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner, within 10 calendar days of the insurer’s receipt of a request to submit the copy.
(3) A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted, within 10 calendar days of the insurer’s receipt of the certificate.
(4) Copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer’s receipt of a request to submit the statements.
(b) If the admitted surety insurer complies with subdivision (a), and if it appears that the bond was duly executed, that the insurer is authorized to transact surety insurance in the state, and that its assets exceed its liabilities in an amount equal to or in excess of the amount of the bond, the insurer is sufficient and shall be accepted or approved as surety on the bond, subject to Section 12090 of the Insurance Code.
(Amended by Stats. 1994, Ch. 487, Sec. 1. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.670.

995.670. (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 than those in Section 995.660 whenever an objection is made to the sufficiency of the admitted surety insurer on the bond or if the bond is required to be approved.
(b) For the purposes of this section, “public agency” means the state, any agency or authority, any city, county, city and county, district, municipal or public corporation, or any instrumentality thereof.
(Amended by Stats. 1994, Ch. 487, Sec. 2. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 6 - Admitted Surety Insurers › Section 995.675.

995.675. 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 Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), an admitted surety insurer to be listed in Circular 570 issued by the United States Treasury.
(Added by Stats. 1998, Ch. 477, Sec. 1. Effective January 1, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 7 - Deposit in Lieu of Bond › Section 995.720.

995.720. (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 value shall be determined by court order in the manner prescribed in this section. A certified copy of the stipulation or court order shall be delivered to the officer at the time of the deposit of the bonds or notes.
(b) If the bonds or notes are given in an action or proceeding, the principal may file a written application with the court to determine the market value of the bonds or notes. The application shall be served upon the beneficiary and proof of service shall be filed with the application. The application shall contain all of the following:
(1) A specific description of the bonds or notes.
(2) A statement of the current market value of the bonds or notes as of the date of the filing of the application.
(3) A statement of the amount of the bonds or notes that the principal believes would be equal to the required amount of the deposit.
(c) The application pursuant to subdivision (b) shall be heard by the court not less than five days or more than 10 days after service of the application. If at the time of the hearing no objection is made to the current market value of the bonds or notes alleged in the application, the court shall fix the amount of the bonds or notes on the basis of the market value alleged in the application. If the beneficiary contends that the current market value of the bonds or notes is less than alleged in the application, the principal shall offer evidence in support of the application, and the beneficiary may offer evidence in opposition. At the conclusion of the hearing, the court shall make an order determining the market value of the bonds or notes and shall fix and determine the amount of the bonds or notes to be deposited by the principal.
(Amended by Stats. 2014, Ch. 305, Sec. 2. (AB 1856) Effective January 1, 2015.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 7 - Deposit in Lieu of Bond › Section 995.730.

995.730. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 7 - Deposit in Lieu of Bond › Section 995.740.

995.740. 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 principal, on demand, any interest coupons attached to bonds or notes, including bearer bonds and bearer notes, as the interest coupons become due and payable, or pay annually any interest payable on the bonds or notes.
(Amended by Stats. 2014, Ch. 305, Sec. 3. (AB 1856) Effective January 1, 2015.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 7 - Deposit in Lieu of Bond › Section 995.750.

995.750. (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 the deposit, including damages and costs awarded against the principal on appeal, within 30 days after the filing of the remittitur from the appellate court in the court from which the appeal is taken.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 7 - Deposit in Lieu of Bond › Section 995.760.

995.760. (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 days’ notice to the parties.
(b) Bonds or notes, including bearer bonds and bearer notes, without a prevailing market price shall be sold at public auction. Notice of sale shall be served on the principal. Bonds or notes having a prevailing market price may be sold at private sale at a price not lower than the prevailing market price.
(c) The deposit shall be distributed in the following order:
(1) First, to pay the cost of collection, sale, or other application of the deposit.
(2) Second, to pay the judgment of liability of the principal on the deposit.
(3) Third, the remainder, if any, shall be returned to the principal.
(Amended by Stats. 2014, Ch. 305, Sec. 4. (AB 1856) Effective January 1, 2015.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 7 - Deposit in Lieu of Bond › Section 995.770.

995.770. 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 causes existing or which arose, during the period the deposit was in effect.
(b) The time provided by Section 995.360 for return of a bond.
(c) The time provided by statute for return of the deposit.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 8 - Bonds to the State of California › Section 995.810.

995.810. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 8 - Bonds to the State of California › Section 995.820.

995.820. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 8 - Bonds to the State of California › Section 995.830.

995.830. 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.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 8 - Bonds to the State of California › Section 995.840.

995.840. 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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 8 - Bonds to the State of California › Section 995.850.

995.850. (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 to any other remedy the person has, enforce the liability on the bond in the person’s own name, without assignment of the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 9 - Objections to Bonds › Section 995.910.

995.910. This article governs objections to a bond given in an action or proceeding.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 9 - Objections to Bonds › Section 995.920.

995.920. 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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 9 - Objections to Bonds › Section 995.930.

995.930. (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 insufficiency and shall include an estimate of the amount that would be sufficient.
(b) The objection shall be made within 10 days after service of a copy of the bond on the beneficiary or such other time as is required by the statute providing for the bond.
(c) If no objection is made within the time required by statute, the beneficiary is deemed to have waived all objections except upon a showing of good cause for failure to make the objection within the time required by statute or of changed circumstances.
(Amended by Stats. 1984, Ch. 538, Sec. 33.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 9 - Objections to Bonds › Section 995.940.

995.940. 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 property.
(b) The principal may accept the beneficiary’s estimate of the market value of the property or interest in property and immediately file an increased bond based on the estimate. In such case, no hearing shall be held on that ground for the objection, and the beneficiary is bound by the estimate of the market value of the property or interest in property.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 9 - Objections to Bonds › Section 995.950.

995.950. (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 attend and testify and evidence to be procured and introduced in the same manner as in the trial of a civil case.
(c) If the value of property or an interest in property is a ground for the objection, the court shall estimate its value. The court may appoint one or more disinterested persons to appraise property or an interest in property for the purpose of estimating its value.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 9 - Objections to Bonds › Section 995.960.

995.960. (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 sufficient sureties and in a sufficient amount be given within five days. If a sufficient bond is not given within the time required by the court order, all rights obtained by giving the bond immediately cease and the court shall upon ex parte motion so order.
(2) If a bond is in effect, the bond remains in effect until a bond with sufficient sureties and in a sufficient amount is given in its place, or the time in which to give the bond has expired, whichever first occurs. If the time in which to give a sufficient bond expires, 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, expiration.
(c) If the court determines that a bond is sufficient, no future objection to the bond may be made except upon a showing of changed circumstances.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 10 - Insufficient and Excessive Bonds › Section 996.010.

996.010. (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 supported by affidavit or upon the court’s own motion. The motion shall be deemed to be an objection to the bond. The motion shall be heard and notice of motion shall be given in the same manner as an objection to the bond.
(c) Upon the determination the court shall order that a sufficient new, additional, or supplemental bond be given within a reasonable time not less than five days. The court order is subject to any limitations in the statute providing for the bond.
(d) If a sufficient bond is not given within the time required by the court order, all rights obtained by giving the original bond immediately cease and the court shall upon ex parte motion so order.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 10 - Insufficient and Excessive Bonds › Section 996.020.

996.020. (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 amount of the bond is insufficient, the officer may serve an order on the principal to appear and show cause why the officer should not make a determination that the bond is insufficient. The order shall name a day not less than three or more than 10 days after service.
(b) If the principal fails to appear or show good cause on the day named why a determination that the bond is insufficient should not be made, the officer may determine that the bond is insufficient and order a sufficient new, additional, or supplemental bond to be given.
(c) If a sufficient bond is not given within 10 days after the order, the officer shall make an order vacating the rights obtained by giving the original bond, including declaring vacant any office and suspending or revoking any license or certificate for which the bond was given. Any office vacated, license suspended or revoked, or any other rights lost, for failure to give a new, additional, or supplemental bond, shall not be reinstated until a new, additional, or supplemental bond is given.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 10 - Insufficient and Excessive Bonds › Section 996.030.

996.030. (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 the court or officer appears proper under the circumstances. The order is subject to any limitations in the statute providing for the bond.
(b) The determination shall be made upon motion or affidavit of the principal in the same manner as a motion or affidavit for a determination under this article that a bond is insufficient. The notice of motion or the order to show cause made pursuant to affidavit shall be served on the beneficiary. The determination shall be made in the same manner and pursuant to the same procedures as a determination under this article that the bond is insufficient.
(c) The principal may give a new bond for the reduced amount. The sureties may be the same sureties as on the original bond.
(Amended by Stats. 1988, Ch. 309, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 11 - Release or Substitution of Sureties on Bond Given in Action or Proceeding › Section 996.110.

996.110. (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 order that another surety be substituted for the original surety.
(c) The applicant shall serve on the principal or surety (other than the applicant) and on the beneficiary a copy of the application and a notice of hearing on the application. Service shall be made not less than 15 days before the date set for hearing.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 11 - Release or Substitution of Sureties on Bond Given in Action or Proceeding › Section 996.120.

996.120. 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 required by the statute providing for the bond, substitution of a sufficient surety is not necessary and the court shall order the release of the surety. If the court determines that no injury would result from substitution of the surety, the court shall order the substitution of a sufficient surety within such time as appears reasonable.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 11 - Release or Substitution of Sureties on Bond Given in Action or Proceeding › Section 996.130.

996.130. (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 of the original surety from liability on the bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 11 - Release or Substitution of Sureties on Bond Given in Action or Proceeding › Section 996.140.

996.140. 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. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 11 - Release or Substitution of Sureties on Bond Given in Action or Proceeding › Section 996.150.

996.150. 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 though there had been no release.
(b) The surety is not liable for any act, default, or misconduct of the principal or other breach of the condition of the bond that occurs after, or for any liabilities on the bond that arise after, the release.
(c) The release does not affect the bond as to the remaining sureties, or alter or change their liability in any respect.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 12 - New, Additional, and Supplemental Bonds › Section 996.210.

996.210. (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 sureties from liability on the original bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 12 - New, Additional, and Supplemental Bonds › Section 996.220.

996.220. (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 supplemental bond is given.
(b) A supplemental bond shall, in addition to any other requirements, recite the names of the remaining original sureties, the name of the new surety, and the amount for which the new surety is liable. The supplemental bond shall be for the amount for which the original surety was liable on the original bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 12 - New, Additional, and Supplemental Bonds › Section 996.230.

996.230. 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 by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 12 - New, Additional, and Supplemental Bonds › Section 996.240.

996.240. 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 bond are not liable for any act, default, or misconduct of the principal or other breach of the condition of the bond that occurs after or for any liabilities on the bond that arise after, the new bond becomes effective.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 12 - New, Additional, and Supplemental Bonds › Section 996.250.

996.250. (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 sureties are liable upon either or both bonds for injury caused by breach of any condition of the bonds. Subject to subdivision (c), the beneficiary may enforce the liability on either bond, or may enforce the liability separately on both bonds and recover separate judgments of liability on both.
(c) If the beneficiary recovers separate judgments of liability on both bonds for the same cause of action, the beneficiary may enforce both judgments. The beneficiary may collect, by execution or otherwise, the costs of both proceedings to enforce the liability and the amount actually awarded to the beneficiary on the same cause of action in only one of the proceedings, and no double recovery shall be allowed.
(d) If the sureties on either bond have been compelled to pay any sum of money on account of the principal, they are entitled to recover from the sureties on the remaining bond a distributive part of the sum paid, in the proportion the amounts of the bonds bear one to the other and to the sums paid.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 13 - Cancellation of Bond or Withdrawal of Sureties › Section 996.310.

996.310. 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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 13 - Cancellation of Bond or Withdrawal of Sureties › Section 996.320.

996.320. 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 to the principal.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 13 - Cancellation of Bond or Withdrawal of Sureties › Section 996.330.

996.330. 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 bond is given, the date the new bond becomes effective.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 13 - Cancellation of Bond or Withdrawal of Sureties › Section 996.340.

996.340. (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 revoked, and any license or registration for which the bond is given is suspended.
(b) A person whose license or registration is suspended shall not operate or carry on business pursuant to the license or registration during the period of suspension. A license or registration that is suspended may be revived only by the giving of a new bond during the license or registration period in which the cancellation or withdrawal occurred.
(Amended by Stats. 1983, Ch. 18, Sec. 19. Effective April 21, 1983.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 13 - Cancellation of Bond or Withdrawal of Sureties › Section 996.350.

996.350. 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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 13 - Cancellation of Bond or Withdrawal of Sureties › Section 996.360.

996.360. 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 respects as though there had been no cancellation or withdrawal.
(b) The surety is not liable for any act, default, or misconduct of the principal or other breach of the condition of the bond that occurs after, or for any liabilities on the bond that arise after, the cancellation or withdrawal.
(c) The cancellation or withdrawal does not affect the bond as to the remaining sureties, or alter or change their liability in any respect.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.410.

996.410. (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. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.420.

996.420. (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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.430.

996.430. (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 pending. If the bond was given other than in an action or proceeding, the action shall be commenced in any court of competent jurisdiction, and the amount of damage claimed in the action, not the amount of the bond, determines the jurisdictional classification of the case.
(c) A cause of action on a bond may be transferred and assigned as other causes of action.
(Amended by Stats. 1998, Ch. 931, Sec. 105. Effective September 28, 1998.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.440.

996.440. (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 the bond is given and the time for appeal has expired or, if an appeal is taken, until the appeal is finally determined. The motion shall not be made or notice of motion served more than one year after the later of the preceding dates.
(c) Notice of motion shall be served on the principal and sureties at least 30 days before the time set for hearing of the motion. The notice shall state the amount of the claim and shall be supported by affidavits setting forth the facts on which the claim is based. The notice and affidavits shall be served in accordance with any procedure authorized by Chapter 5 (commencing with Section 1010).
(d) Judgment shall be entered against the principal and sureties in accordance with the motion unless the principal or sureties serve and file affidavits in opposition to the motion showing such facts as may be deemed by the judge hearing the motion sufficient to present a triable issue of fact. If such a showing is made, the issues to be tried shall be specified by the court. Trial shall be by the court and shall be set for the earliest date convenient to the court, allowing sufficient time for such discovery proceedings as may be requested.
(e) The principal and sureties shall not obtain a stay of the proceedings pending determination of any conflicting claims among beneficiaries.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.450.

996.450. 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 principal, beneficiary, and surety accept a provision for a shorter period in a bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.460.

996.460. (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.
(c) A judgment that does not exhaust the full amount of the bond decreases the amount of the bond but does not discharge the bond. The liability on the bond may be enforced thereafter from time to time until the amount of the bond is exhausted.
(d) The judgment may be enforced by the beneficiary directly against the sureties. Nothing in this section affects any right of subrogation of a surety against the principal or any right of a surety to compel the principal to satisfy the judgment.
(Added by Stats. 1982, Ch. 998, Sec. 1.)