Code of Civil Procedure, 1872

A judgment debtor who pays more than their share of a joint money judgment may seek contribution from another debtor who paid less. A surety who pays a judgment based on a suretyship obligation may seek repayment from the principal.

A qualifying judgment debtor may move the court that entered the judgment for an order fixing liability for contribution or repayment, and must do so before the judgment is fully satisfied or within 30 days after.

A statute giving a court authority in one type of civil case does not, by itself, mean the same authority exists in the other type of civil case.

If a limitation period started before this code took effect and a limitation is also set in this code, the time already elapsed counts toward the code’s limitation period.

For actions covered by this article, the usual laws for civil actions generally apply unless this article changes them.

This section says the article applies to every limited civil case, except where the section provides otherwise.

An appeal generally stays trial-court proceedings on the appealed judgment or order, except as provided by the listed exceptions.

An appeal generally does not stop enforcement of a trial court judgment unless an undertaking is given. The undertaking must secure payment if the judgment is affirmed or the appeal is withdrawn or dismissed, and special rules apply to money judgments, certain costs, and court-custody funds.

An appeal usually does not stop enforcement of the trial court’s judgment, but the trial court or a reviewing court can still allow a stay in specified election-related cases.

In certain hazardous-substance enforcement cases, filing or perfecting an appeal does not stop enforcement of the trial court judgment or order.

An appeal does not stop enforcement of certain trial court orders about personal property unless an undertaking is posted; the trial court can set the undertaking and may order perishable property sold in some cases.

An appeal generally does not stop enforcement of a trial court judgment or order, unless the required instruments are executed and filed with the clerk as stated in the section.

An appeal usually does not stop enforcement of a trial-court judgment or order requiring sale, conveyance, or delivery of possession of real property in the appellant’s control, unless the appellant gives an undertaking set by the trial court.

An appeal generally does not stop enforcement of a trial court judgment or order that appoints a receiver unless the appellant gives an undertaking fixed by the trial court.

An appeal does not automatically stop enforcement of the trial court judgment or order when it requires two or more acts listed in Sections 917.1 to 917.5.

An appeal does not stop enforcement of a right-to-attach order unless an undertaking is given.

An appeal does not automatically stay custody, visitation, or temporary exclusion orders, but the trial court may stay execution and may order further stays for child-removal stay periods.

An appeal does not stop enforcement of a trial court award of attorney’s fees or costs in a Family Code proceeding unless the trial court requires an undertaking.

An appeal generally does not stop proceedings unless the trial court orders otherwise or a writ of supersedeas is issued, and that rule applies in the listed situations.

An appeal does not automatically stop enforcement of a judgment or order in certain cases unless the court requires an undertaking; if the undertaking is required and not given, enforcement continues.

A trial court may stay enforcement of a judgment or order, but it cannot do so for more than 10 days beyond the last date a notice of appeal could be filed without the adverse party’s consent, if the stay on appeal would otherwise require an undertaking.

The trial court may, in its discretion, stay enforcement of a judgment or order if the judgment debtor has another pending action on a disputed claim against the judgment creditor.

The trial court may, in its discretion, reduce or waive the security required by this chapter for certain appellants.

In limited civil cases, section 92 limits the pleadings and motions that may be used.

An appeal from a party who levied an attachment does not keep the attachment in force unless the appellant files an undertaking and perfects the appeal within five days after written notice of the order; the trial court can set or increase the undertaking amount.

If a respondent objects to an undertaking, the court finds it insufficient, and a sufficient undertaking is not provided in time, the appeal stay ends and levied property must not be released.

This section says the chapter does not limit a reviewing court or judge’s power to act during an appeal.

The plaintiff may serve case questionnaires with the complaint, and a served defendant must answer with a completed defendant questionnaire.

An appeal in a qualifying civil commitment or similar proceeding must be started by filing a notice of appeal that follows Penal Code Section 1240.1.

Discovery in limited civil cases is restricted to the methods and limits listed in this section and Section 95.

A court may allow extra discovery on noticed motion if the moving party shows it cannot effectively prosecute or defend the case without it; the parties may also agree to extra discovery.

A party may serve a pretrial request for a witness and evidence statement, and the responding party must serve the statement within 20 days.

A party who was required to serve a responding statement generally may not call a witness or introduce evidence against an objecting party unless that witness or evidence was included in the statement, subject to listed exceptions.

A party may use prepared witness testimony by affidavit or declaration instead of live direct testimony, if the section’s service, address, availability, or deposition conditions are met.

If a judgment is entered against some jointly indebted persons, other jointly indebted persons who were not served and did not appear may be brought before the court to explain why the judgment should also bind them.

A judgment or final order is conclusive between the parties and their successors in interest as to the matter directly decided.

The clerk must issue the Section 989 summons when the Section 991 affidavit is presented, and the summons must describe the judgment, require the summoned person to show cause, be served in the same manner, and be returnable within 90 days of the original summons return time.

A summons must be accompanied by an affidavit saying the judgment is still unsatisfied and stating how much is due.

A defendant served with the summons may answer within the specified time and may deny the judgment or raise defenses that arose later or existed when the action began.

If the defendant denies the judgment or raises a later defense, the summons, affidavit, and answer are the written allegations; if the defendant denies liability on the obligation behind the judgment, additional listed documents are the written allegations, and either side may amend pleadings as in other cases.

In actions against joint debtors, the issues may be tried like other cases; if the defendant denies liability and loses, the verdict cannot exceed the unpaid balance of the original judgment plus interest.

This chapter may be cited as the Bond and Undertaking Law.

This section says when the chapter’s bond rules apply, including to certain bonds or undertakings linked to California statutes, and when they do not apply.

If this chapter requires service of a notice, paper, or other document, it must be served the same way as service of process in civil actions generally.

Affidavits made under this chapter must follow the standards for affidavits under Section 437c.

Deadlines in this chapter, and in other statutes about bonds in an action or proceeding, may be extended under Sections 1054 and 1054.1.

The definitions in this article control how this chapter is interpreted unless the provision or context requires otherwise.

This section defines “admitted surety insurer” and says several related phrases mean the same thing for applying this chapter to certain bonds.

This section defines “beneficiary” for bonds and related statutes.

This section defines “bond” and excludes certain license- or permit-related bonds from that term when the bond is in an action or proceeding.

“Court” means the court where the action or proceeding is pending, when a bond is given in that action or proceeding.

This section defines “officer” for bond-related provisions.

This section defines “principal” as the person who gives a bond.

For this section, “statute” also includes administrative regulations adopted under a statute.

This section defines “surety” and says that, for this chapter, related terms like “bail,” “guarantor,” and “bondsman” are treated as “surety” when used for bonds under a state statute.

This section defines “undertaking” as a surety, indemnity, fiduciary, or similar undertaking executed by the sureties alone.

This section says a bond may be replaced by an undertaking, and an undertaking may be replaced by a bond, if the substitute otherwise meets the same requirements and the context does not require something different.

Certain public entities and officers do not have to give a bond when a statute requires one, and they get the same rights, remedies, and benefits as if the bond had been given.

The beneficiary of a bond in an action or proceeding may agree in writing to a bond for less than the statutory amount, or waive the bond entirely.

A court may waive a bond requirement in an action or proceeding if the principal is indigent and cannot obtain sufficient sureties.

If costs are allowed to a party, the costs include certain bond premiums paid by the party.

A certified copy of a recorded bond may be used as evidence with the same effect as the original.

A bond must be executed by eligible sureties or a surety insurer, unless another statute requires execution by an admitted surety insurer.

Bonds on public works contracts must be executed by an admitted surety insurer, and the approving public agency must verify that status.

A bond must be written, signed by the sureties under oath, and include specified information.

A bond or undertaking in an action or proceeding may use the sample form given in this section.

Bonds given in an action or proceeding must be filed with the court, unless another statute requires the bond to be given to a different person or otherwise provides. If the bond must be given to an officer, that officer must file it with the court.

When a bond is filed with the court, the clerk must enter the bond’s date, amount, and sureties in the register of actions.

A court may order a bond withdrawn from the file and returned to the principal only if the beneficiary agrees or the bond is no longer in force and the liability-enforcement period has expired.

When a bond is given, the principal must serve a copy of the bond on the beneficiary.

A bond is not void because of missing required matter or defects in its making or filing, and the beneficiary may raise those defects when enforcing the bond.

A bond is effective without approval unless another statute requires court or officer approval.

A bond generally becomes effective when it is given, or when approved if approval is required; if a different effective time is stated by the bond statute, that time controls unless there is a timely objection.

A bond stays in effect until the earliest listed event ends it.

A bond required as a condition of a license or permit must stay continuous, remain in effect, and last for the license or permit term and any renewals, unless canceled or the surety withdraws.

A personal surety on a bond is sufficient only if specific conditions are met, including residency, property status, and sufficient worth; court officers and State Bar members may not serve as sureties.

A bond backed by personal sureties must include an affidavit of qualifications for each surety.

An admitted surety insurer may act as the sole surety on a bond when a statute allows any number of sureties.

Admitted surety insurers may act as sureties on a bond, and each one is jointly and severally liable for the liability it assumes.

An admitted surety insurer must be accepted or approved as surety on a bond without further acknowledgment if the stated execution/acknowledgment condition is met and one of two filing/attachment options is satisfied.

County clerks must issue certain certificates about admitted surety insurers when asked, and they must rely only on information from the Insurance Commissioner.

If someone objects to an admitted surety insurer’s sufficiency, that person must attach supporting material to the objection.

An admitted surety insurer must provide specified documents to the court or officer within 10 calendar days after a request, and it will be accepted as surety only if the listed conditions are met.

A public agency cannot require an admitted surety insurer to meet extra requirements beyond Section 995.660 when objecting to the bond’s sufficiency or when approval of the bond is required.

Certain California environmental boards may require an admitted surety insurer to be listed in Circular 570 to comply with federal waste-law requirements.

The principal may deposit specified assets with the officer instead of posting a bond, unless an exception applies.

The principal may ask the court to determine the market value of bonds or notes, and the court must hear the application and issue an order fixing that value and the deposit amount.

A deposit used instead of a bond has the same legal effect as the bond.

If no proceedings are pending to enforce the principal’s liability on the deposit, the officer must pay interest to the principal on demand and must deliver interest coupons on demand when they become due, or pay annual interest on the bonds or notes.

The principal must pay the deposit liability within 30 days after the judgment becomes final, or within 30 days after remittitur is filed if the deposit stayed enforcement of a judgment on appeal.

If the principal does not pay the deposit liability on time, the court may order the deposit collected, sold, or applied to the liability. Certain bonds or notes must be sold at public auction, while those with a prevailing market price may be sold privately, and the proceeds are applied in a set order.

A deposit under this article must be returned to the principal at the earliest of three specified times.

This article applies to bonds made to, in favor of, in the name of, or payable to the State of California or the people of the state, including official bonds.

Unless another statute provides otherwise, a bond given by a court officer for faithful performance and obedience to court orders must be made to the State of California.

If a bond is required by statute or court order and no beneficiary is named, the bond is to the State of California.

If a bond under this article is given in an action or proceeding, the court must approve it, and any party benefiting from the bond may object.

People for whose benefit a bond is given, and who are damaged by breach of its condition, may enforce the bond’s liability. A person described in that group may also sue in their own name without an assignment.

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

The beneficiary may object to a bond.

An objection to a bond must be in writing, made by noticed motion, and filed within the required time; if the bond amount is claimed insufficient, the notice must explain why and state an estimate of a sufficient amount.

If an objection is based on a higher property value than estimated in the bond, the objection must state the beneficiary’s market-value estimate, and the principal may accept that estimate and immediately file an increased bond.

An objection hearing must usually be held 2 to 5 days after service of the notice of motion, unless the parties agree otherwise. The court controls how the hearing is run and may allow witnesses and evidence. If property value is an issue, the court must estimate it and may appoint disinterested appraisers.

The court must decide whether a bond is sufficient. If it is insufficient, the court must require a corrected bond within five days, and rights from the bond can end if the corrected bond is not timely given.

If a bond in a case is found insufficient, the court may declare it insufficient and must order a replacement bond within at least five days.

If an officer learns a bond has become insufficient, the officer may order the principal to appear, may find the bond insufficient, and must vacate rights if a sufficient new bond is not given within 10 days.

A court or officer may reduce an excessive bond amount, subject to the bond statute’s limits. The principal may then give a new bond, and the same sureties may be used.

A surety may ask the court to be released from liability, and the principal may ask for a substitute surety if release is sought. The applicant must serve the application and hearing notice on the required parties at least 15 days before the hearing.

The court must decide whether substituting or releasing a surety would injure the beneficiary, and then order release or substitution based on that determination.

If a substitute surety is provided, it is subject to this chapter. If a sufficient surety is substituted, the court must release the original surety from liability on the bond.

If the principal does not provide a sufficient substitute surety within the court-set time, the original bond’s rights end and the court must order that result on ex parte motion.

When a surety is released from liability on a bond, the bond still covers earlier liabilities, but the surety is not liable for later acts or later liabilities.

The principal must provide a new, additional, or supplemental bond if the court or officer orders one. The principal may also give a new bond in certain surety-withdrawal or surety-release situations.

New, additional, and supplemental bonds must match the original bond’s form and obligations, be otherwise the same, and be in an amount needed for their purpose. A supplemental bond must also list the remaining original sureties, the new surety, and the new surety’s liability amount, and it must equal the original surety’s liability amount.

A new, additional, or supplemental bond is treated as subject to the same provisions as the original bond and to this chapter’s rules.

If a new bond replaces the original bond, the original bond still covers earlier liabilities and earlier acts or omissions, but the original sureties are not liable for later acts or later liabilities once the new bond takes effect.

This section says an additional or supplemental bond does not replace the original bond, the principal and sureties can be liable on one or both bonds, the beneficiary may enforce liability on either or both, and sureties who pay may recover a proportional share from the remaining bond’s sureties.

This article governs cancellation of a bond or withdrawal of a surety from a bond in covered cases.

A surety may cancel or withdraw from a bond by giving notice to the officer who received the bond, and must also send a copy of that notice to the principal at the same time.

A surety’s cancellation or withdrawal takes effect at the earliest listed time: 30 days after notice, when a substitution becomes effective, or when a new bond becomes effective.

If the principal does not post a new bond within 30 days after notice, the original bond’s benefits end and related office, commission, or license consequences follow; a suspended licensee may not operate during suspension.

If a surety withdraws but the bond still meets the statutory minimum, no new bond is needed.

If a surety cancels or withdraws from a bond, the bond still covers earlier liabilities, but the surety is not liable for later acts or liabilities.

The beneficiary may enforce a bond’s liability against the principal and sureties.

A surety on a bond in an action or proceeding submits to the court’s jurisdiction for matters affecting the bond liability.

A bond claim may be enforced by civil action, and the principal and sureties must be joined as parties. The filing court depends on whether the bond was given in an existing action or proceeding.

Bond liability may be enforced by motion in court, not a separate action, but only after final judgment/appeal timing limits and with required notice and affidavits.

A bond cannot validly shorten the time allowed to sue on the bond or to file a motion to enforce it, unless the principal, beneficiary, and surety agree to a shorter period in the bond.

A bond-liability judgment is entered for the beneficiary against the principal and sureties, with joint and several liability.

A surety’s liability on a bond is capped by the bond amount or other specified limit, while the principal’s liability is not capped by this section except as otherwise provided by statute.

This section says the chapter does not limit a surety’s liability under any other statute.

A surety may pay a bond before enforcement once the principal’s liability is finally established; after that, the beneficiary can enforce the bond and, if the surety does not pay, the surety may owe costs, attorney’s fees, and interest.

If a surety pays the bond amount, that surety is fully discharged from liability on the bond. A surety is also liable to contribute to cosureties who have paid, in proportion to each surety’s liability.

A judgment of liability on a bond may be enforced like other money judgments.

This article applies to certain proceedings brought for the state’s benefit to enforce liability on bonds payable to the state or the people of the state, including official bonds.

When the clerk receives an affidavit, the clerk must certify specified information to the county recorder for the county where the real property is located.

When the county recorder receives the certificate, the recorder must endorse the time of receipt on it, and the certificate must be filed and recorded like a notice of pendency affecting real property.

A recovered judgment becomes a lien on the defendant’s real property in any county where the certificate is filed.

If the conditions are met, the court must order the purchaser to pay the State Treasurer, and after payment the purchaser may enforce specific performance and take the property free of the lien.

This section lets a party make a written settlement offer before trial or arbitration, sets rules for acceptance, and shifts costs if the offer is rejected and the result is not better.

California declares a public policy favoring prompt settlements, and defines “extracontractual damages” and “time-limited demand.”

A time-limited demand to settle a claim must be in writing, clearly labeled, and include specified settlement and claim details.

A claimant must send a time-limited demand to the insurer’s designated address or, if known, to the insurance representative handling the claim. The Department of Insurance must post the designated address on its website.

Recipients of a time-limited demand may accept it in writing, and an insurer that does not accept it must notify the claimant in writing before the deadline expires.

A time-limited demand that does not substantially comply with this chapter is not treated as a reasonable settlement offer for certain insurance-limit purposes.

This section limits the chapter to certain insurance-related claims and says it applies only to time-limited demands sent on or after January 1, 2023.