Code of Civil Procedure — Part 17 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 17 of 17 · provisions 3,201–3,346

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

Showing 146 of 3,346

  1. 882.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 2. Contribution Among Other Judgment Debtors [881 - 883] ( Chapter 2 added by Stats. 1982, Ch. 497, Sec. 63. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 2. Contribution Among Other Judgment Debtors [881 - 883] ( Chapter 2 added by Stats. 1982, Ch. 497, Sec. 63. ) ## 882. If two or more judgment debtors are jointly liable on a money judgment: (a) A judgment debtor who has satisfied more than his or her due proportion of the judgment, whether voluntarily or through enforcement procedures, may compel contribution from another judgment debtor who has satisfied less than his or her due proportion of the judgment. (b) If the judgment is based upon an obligation of one judgment debtor as surety for another and the surety satisfies the judgment or any part thereof, whether voluntarily or through enforcement procedures, the surety may compel repayment from the principal. (Added by Stats. 1982, Ch. 497, Sec. 63. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  2. 883.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 2. Contribution Among Other Judgment Debtors [881 - 883] ( Chapter 2 added by Stats. 1982, Ch. 497, Sec. 63. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 2. Contribution Among Other Judgment Debtors [881 - 883] ( Chapter 2 added by Stats. 1982, Ch. 497, Sec. 63. ) ## 883. (a) A judgment debtor entitled to compel contribution or repayment pursuant to this chapter may apply on noticed motion to the court that entered the judgment for an order determining liability for contribution or repayment. The application shall be made at any time before the judgment is satisfied in full or within 30 days thereafter. (b) The order determining liability for contribution or repayment entitles the judgment debtor to the benefit of the judgment to enforce the liability, including every remedy that the judgment creditor has against the persons liable, to the extent of the liability. (c) Nothing in this section limits any other remedy that a judgment debtor entitled to contribution or repayment may have. (Amended by Stats. 1998, Ch. 77, Sec. 1. Effective January 1, 1999.)
  3. 89.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## 89. (a) The existence of a statute relating to the authority of the court in a limited civil case does not, by itself, imply that the same authority does or does not exist in an unlimited civil case. (b) The existence of a statute relating to the authority of the court in an unlimited civil case does not, by itself, imply that the same authority does or does not exist in a limited civil case. (Added by Stats. 2001, Ch. 44, Sec. 2. Effective January 1, 2002.)
  4. 9.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

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    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.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 9. When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time that has already run shall be deemed part of the time prescribed as such limitation by this code. (Amended by Stats. 2017, Ch. 561, Sec. 20. (AB 1516) Effective January 1, 2018.)
  5. 90.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

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

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 90. Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article. (Amended by Stats. 2003, Ch. 149, Sec. 3. Effective January 1, 2004.)
  6. 91.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

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

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 91. (a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case. (b) The provisions of this article do not apply to any action under Chapter 5.5 (commencing with Section 116.110) or any proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3. (c) Any action may, upon noticed motion, be withdrawn from the provisions of this article, upon a showing that it is impractical to prosecute or defend the action within the limitations of these provisions. (Amended by Stats. 1998, Ch. 931, Sec. 36. Effective September 28, 1998.)
  7. 916.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 916. (a) Except as provided in Sections 917.1 to 917.10, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order. (b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from. (Amended by Stats. 2025, Ch. 178, Sec. 2. (AB 1079) Effective January 1, 2026.)
  8. 917.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.1. (a) Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the following: (1) Money or the payment of money, whether consisting of a special fund or not, and whether payable by the appellant or another party to the action. (2) Costs awarded pursuant to Section 998 which otherwise would not have been awarded as costs pursuant to Section 1033.5. (3) Costs awarded pursuant to Section 1141.21 which otherwise would not have been awarded as costs pursuant to Section 1033.5. (b) The undertaking shall be on condition that if the judgment or order or any part of it is affirmed or the appeal is withdrawn or dismissed, the party ordered to pay shall pay the amount of the judgment or order, or the part of it as to which the judgment or order is affirmed, as entered after the receipt of the remittitur, together with any interest which may have accrued pending the appeal and entry of the remittitur, and costs which may be awarded against the appellant on appeal. This section shall not apply in cases where the money to be paid is in the actual or constructive custody of the court; and such cases shall be governed, instead, by the provisions of Section 917.2. The undertaking shall be for double the amount of the judgment or order unless given by an admitted surety insurer in which event it shall be for one and one-half times the amount of the judgment or order. The liability on the undertaking may be enforced if the party ordered to pay does not make the payment within 30 days after the filing of the remittitur from the reviewing court. (c) If a surety on the undertaking pays the judgment, either with or without action, after the judgment is affirmed, the surety is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment, in all respects as if the surety had recovered the judgment. (d) Costs awarded by the trial court under Chapter 6 (commencing with Section 1021) of Title 14 shall be included in the amount of the judgment or order for the purpose of applying paragraph (1) of subdivision (a) and subdivision (b). However, no undertaking shall be required pursuant to this section solely for costs awarded under Chapter 6 (commencing with Section 1021) of Title 14. (Amended by Stats. 1993, Ch. 456, Sec. 13. Effective January 1, 1994.)
  9. 917.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.10. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court, in the absence of an order of the trial court providing otherwise, under any of the following circumstances: (1) If the trial court has found that a party’s at-large method of election, as that term is defined in Section 14026 of the Elections Code, violates, or is likely to violate, the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code). (2) If the trial court has found that a party’s election district boundaries violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 (Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code). (b) Notwithstanding subdivision (a), enforcement of a judgment or order in the trial court may be stayed upon the perfection of the appeal if the Secretary of State files a certification in the trial court declaring that staying enforcement of a judgment or order pending appeal is necessary for the orderly administration of the state’s elections. (c) This section does not limit the power of a reviewing court to issue a stay or grant a writ of supersedeas in accordance with Section 923. (d) If the enforcement of a judgment or order is not stayed pursuant to subdivision (a), the party whose at-large method of election that the trial court found violates, or is likely to violate, the California Voting Rights Act of 2001, or the party whose election district boundaries that the trial court found violate, or are likely to violate, the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023, shall reimburse a county elections official for any actual costs incurred by that elections official in administering elections as a result of the enforcement of the trial court’s judgment or order, and as the result of any orders issued by a court during an appeal of the action. (e) This section does not apply to a judgment or order entered in a proceeding or action commenced on or before January 1, 2026, that asserts at least one cause of action under the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023. (Added by Stats. 2025, Ch. 178, Sec. 3. (AB 1079) Effective January 1, 2026.)
  10. 917.15.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.15. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from, or the administrative order which is the subject of the trial court proceeding, was issued pursuant to either of the following: (a) Section 78870 of the Health and Safety Code and ordered a responsible party to take appropriate removal or remedial actions in response to a release or a threatened release of a hazardous substance. (b) Section 25181 of the Health and Safety Code and ordered the party to comply with Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code or any rule, regulation, permit, covenant, standard, requirement, or order issued, adopted or executed pursuant to that Chapter 6.5. (Amended by Stats. 2022, Ch. 258, Sec. 9. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  11. 917.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.2. The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court if the judgment or order appealed from directs the assignment or delivery of personal property, including documents, whether by the appellant or another party to the action, or the sale of personal property upon the foreclosure of a mortgage, or other lien thereon, unless an undertaking in a sum and upon conditions fixed by the trial court, is given that the appellant or party ordered to assign or deliver the property will obey and satisfy the order of the reviewing court, and will not commit or suffer to be committed any damage to the property, and that if the judgment or order appealed from is affirmed, or the appeal is withdrawn or dismissed, the appellant shall pay the damage suffered to such property and the value of the use of such property for the period of the delay caused by the appeal. The appellant may cause the property to be placed in the custody of an officer designated by the court to abide the order of the reviewing court, and such fact shall be considered by the court in fixing the amount of the undertaking. If the judgment or order appealed from directs the sale of perishable property the trial court may order such property to be sold and the proceeds thereof to be deposited with the clerk of the trial court to abide the order of the reviewing court; such fact shall be considered by the court in fixing the amount of the undertaking. (Amended by Stats. 1972, Ch. 546.)
  12. 917.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.3. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the execution of one or more instruments unless the instrument or instruments are executed and deposited in the office of the clerk of the court where the original judgment or order is entered to abide the order of the reviewing court. (Added by Stats. 1968, Ch. 385.)
  13. 917.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.4. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the sale, conveyance or delivery of possession of real property which is in the possession or control of the appellant or the party ordered to sell, convey or deliver possession of the property, unless an undertaking in a sum fixed by the trial court is given that the appellant or party ordered to sell, convey or deliver possession of the property will not commit or suffer to be committed any waste thereon and that if the judgment or order appealed from is affirmed, or the appeal is withdrawn or dismissed, the appellant shall pay the damage suffered by the waste and the value of the use and occupancy of the property, or the part of it as to which the judgment or order is affirmed, from the time of the taking of the appeal until the delivery of the possession of the property. If the judgment or order directs the sale of mortgaged real property and the payment of any deficiency, the undertaking shall also provide for the payment of any deficiency. (Amended by Stats. 1982, Ch. 517, Sec. 156.)
  14. 917.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.5. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from appoints a receiver, unless an undertaking in a sum fixed by the trial court is given on condition that if the judgment or order is affirmed or the appeal is withdrawn, or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment. (Amended by Stats. 1982, Ch. 517, Sec. 157.)
  15. 917.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.6. The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the performance of two or more of the acts specified in Sections 917.1 through 917.5, unless the appellant complies with the requirements of each applicable section. (Added by Stats. 1968, Ch. 385.)
  16. 917.65.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.65. The perfecting of an appeal shall not stay enforcement of a right to attach order unless an undertaking is given. The undertaking shall be in the amount specified in the right to attach order as the amount to be secured by the attachment. The undertaking shall be on condition that if the right to attach order is not reversed and the plaintiff recovers judgment in the action in which the right to attach order was issued, the appellant shall pay the amount of the judgment, together with any interest which may have accrued. The liability on the undertaking may be enforced if the judgment is not paid within 30 days after it becomes final. If a surety on the undertaking pays the judgment, either with or without action, the surety is substituted to the rights of the creditor and is entitled to control, enforce, and satisfy the judgment, in all respects as if the surety had recovered the judgment. (Added by Stats. 1983, Ch. 155, Sec. 22.5. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
  17. 917.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.7. The perfecting of an appeal shall not stay proceedings as to those provisions of a judgment or order which award, change, or otherwise affect the custody, including the right of visitation, of a minor child in any civil action, in an action filed under the Juvenile Court Law, or in a special proceeding, or the provisions of a judgment or order for the temporary exclusion of a party from a dwelling, as provided in the Family Code. However, the trial court may in its discretion stay execution of these provisions pending review on appeal or for any other period or periods that it may deem appropriate. Further, in the absence of a writ or order of a reviewing court providing otherwise, the provisions of the judgment or order allowing, or eliminating restrictions against, removal of the minor child from the state are stayed by operation of law for a period of seven calendar days from the entry of the judgment or order by a juvenile court in a dependency hearing, or for a period of 30 calendar days from the entry of judgment or order by any other trial court. The periods during which these provisions allowing, or eliminating restrictions against, removal of the minor child from the state are stayed, are subject to further stays as ordered by the trial court or by the juvenile court pursuant to this section. An order directing the return of a child to a sister state or country, including any order effectuating that return, made in a proceeding brought pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code), the Parental Kidnapping Prevention Act of 1980 (28 U.S.C. Sec. 1738A), or the Hague Convention on the Civil Aspects of International Child Abduction (implemented pursuant to the International Child Abduction Remedies Act (22 U.S.C. Secs. 9001-9011)) is not a judgment or order which awards, changes, or otherwise affects the custody of a minor child within the meaning of this section, and therefore is not subject to the automatic stay provisions of this section. (Amended by Stats. 2021, Ch. 124, Sec. 13. (AB 938) Effective January 1, 2022.)
  18. 917.75.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.75. The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court awarding attorney’s fees or costs, or both, if the judgment or order appealed from was rendered in a proceeding under the Family Code, unless an undertaking is given in a sum and upon conditions fixed by the trial court. (Added by Stats. 2014, Ch. 95, Sec. 1. (AB 2154) Effective January 1, 2015.)
  19. 917.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.8. The perfecting of an appeal does not stay proceedings, in the absence of an order of the trial court providing otherwise or of a writ of supersedeas, under any of the following circumstances: (a) If a party to the proceeding has been adjudged guilty of usurping, or intruding into, or unlawfully holding a public office, civil or military, within this state. (b) If the judgment or order directs a corporation, or any of its officers or agents, to give to a person adjudged to be a director, stockholder, or member of that corporation a reasonable opportunity to inspect or make copies of the books, papers, or documents of the corporation as the trial court finds that the director, stockholder, or member is entitled by law to inspect or copy. (c) If a judgment or order adjudges a building or place to be a nuisance and, as part of that judgment or order, directs the closing or discontinuance of any specific use of the building or place for any period of time. (d) If a judgment or order, including, but not limited to, a temporary restraining order or preliminary injunction, grants relief in an action brought by a governmental agency under the provisions of Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code. (Amended by Stats. 2003, Ch. 31, Sec. 1. Effective January 1, 2004.)
  20. 917.9.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 917.9. (a) The perfecting of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8, inclusive, if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases: (1) Appellant was found to possess money or other property belonging to respondent. (2) Appellant is required to perform an act for respondent’s benefit pursuant to judgment or order under appeal. (3) The judgment against appellant is solely for costs awarded to the respondent by the trial court pursuant to Chapter 6 (commencing with Section 1021) of Title 14. (b) The undertaking shall be in a sum fixed by the court and shall be in an amount sufficient to cover all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment or order. (c) The undertaking shall be in the sum fixed by the court. The undertaking shall be conditioned upon the performance of the judgment or order appealed from or payment of the sums required by the judgment or order appealed from, if the judgment or order is affirmed or the appeal is withdrawn or dismissed, and it shall provide that if the judgment or order appealed from or any part of it is affirmed, or the appeal is withdrawn or dismissed, the appellant will pay all damages which the respondent may sustain by reason of the stay in the enforcement of the judgment. (d) For the purpose of this section, “damages” means either of the following: (1) Reasonable compensation for the loss of use of the money or property. (2) Payment of the amounts specified in paragraph (3) of subdivision (a). (Amended by Stats. 1994, Ch. 493, Sec. 3. Effective September 12, 1994.)
  21. 918.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 918. (a) Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order. (b) If the enforcement of the judgment or order would be stayed on appeal only by the giving of an undertaking, a trial court shall not have power, without the consent of the adverse party, to stay the enforcement thereof pursuant to this section for a period which extends for more than 10 days beyond the last date on which a notice of appeal could be filed. (c) This section applies whether or not an appeal will be taken from the judgment or order and whether or not a notice of appeal has been filed. (Amended by Stats. 1982, Ch. 497, Sec. 65. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  22. 918.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 918.5. (a) The trial court may, in its discretion, stay the enforcement of a judgment or order if the judgment debtor has another action pending on a disputed claim against the judgment creditor. (b) In exercising its discretion under this section, the court shall consider all of the following: (1) The likelihood of the judgment debtor prevailing in the other action. (2) The amount of the judgment of the judgment creditor as compared to the amount of the probable recovery of the judgment debtor in the action on the disputed claim. (3) The financial ability of the judgment creditor to satisfy the judgment if a judgment is rendered against the judgment creditor in the action on the disputed claim. (Added by Stats. 1982, Ch. 497, Sec. 66. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  23. 919.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 919. The trial court may, in its discretion, dispense with or limit the security required by any section in this chapter, when the appellant is an executor, administrator, trustee, guardian, conservator or other person acting in another’s right. (Added by Stats. 1968, Ch. 385.)
  24. 92.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 92. (a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. (b) The answer need not be verified, even if the complaint or cross-complaint is verified. (c) Special demurrers are not allowed. (d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint. (e) Except as limited by this section, all other motions are permitted. (Amended by Stats. 1983, Ch. 102, Sec. 2. Effective June 16, 1983.)
  25. 921.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 921. An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on the part of the appellant that the appellant will pay all costs and damages which the respondent may sustain by reason of the attachment, in case the order of the court below is sustained in favor of the respondent; and unless, within five days after written notice of the entry of the order appealed from, the appeal is perfected. The amount of the undertaking on appeal required by this section shall be such amount as is fixed by the trial court on motion of the respondent as provided in Section 489.410 and if no such order has been made, the undertaking shall be in double the amount of the debt claimed by the appellant. If the respondent is not satisfied with the undertaking in double the amount of the debt or the amount fixed by order under Section 489.410, the trial court upon motion of the respondent made within 60 days after perfecting the appeal may order an increase in the amount of the undertaking in such amount as is justified by the detriment reasonably to be anticipated by continuing the attachment. If such an order is made, the attachment shall be discharged and the property released therefrom, unless the undertaking is executed and filed within 10 days after the order is made. (Amended by Stats. 1982, Ch. 517, Sec. 160.)
  26. 922.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 922. If an undertaking required or permitted by this title is objected to by the respondent and the court determines the undertaking is insufficient and a sufficient undertaking is not given within the time provided by statute, enforcement of the judgment or order appealed from is no longer stayed and property which has been levied upon under execution issued upon such judgment shall not be released from levy. (Amended by Stats. 1982, Ch. 517, Sec. 161.)
  27. 923.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 923. The provisions of this chapter shall not limit the power of a reviewing court or of a judge thereof to stay proceedings during the pendency of an appeal or to issue a writ of supersedeas or to suspend or modify an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo, the effectiveness of the judgment subsequently to be entered, or otherwise in aid of its jurisdiction. (Added by Stats. 1968, Ch. 385.)
  28. 93.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 93. (a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire. (b) Any defendant upon whom a case questionnaire is served shall serve a completed defendant’s case questionnaire upon the requesting plaintiff with the answer. (c) The case questionnaire shall be designed to elicit fundamental information about each party’s case, including names and addresses of all witnesses with knowledge of any relevant facts, a list of all documents relevant to the case, a statement of the nature and amount of damages, and information covering insurance coverages, injuries and treating physicians. The Judicial Council shall design and develop forms for case questionnaires. (d) Approved forms shall be made available by the clerk of the court. (e) If a party on whom a case questionnaire has been served under subdivision (a) or (b) fails to serve a timely or a complete response to that questionnaire, the party serving the questionnaire may move for an order compelling a response or a further response and for a monetary sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. If a party then fails to obey an order compelling a response or a further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. (Amended by Stats. 2004, Ch. 182, Sec. 5. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  29. 936.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 13. APPEALS IN CIVIL ACTIONS [901 - 936.1] ( Title 13 added by Stats. 1968, Ch. 385. ) ## CHAPTER 2. Stay of Enforcement and Other Proceedings [916 - 936.1] ( Chapter 2 added by Stats. 1968, Ch. 385. ) ## 936.1. An appeal from any judgment or order in any civil commitment or other proceeding wherein the appellant would be entitled to the appointment of counsel on appeal if indigent shall be initiated by the filing of a notice of appeal in conformity with the requirements of Section 1240.1 of the Penal Code. (Added by Stats. 1978, Ch. 1385. Note: Termination clause in Sec. 3.5 of Ch. 1385 was deleted by Stats. 1980, Ch. 369.)
  30. 94.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 94. Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse party, a party may use the following forms of discovery: (a) Any combination of 35 of the following: (1) Interrogatories (with no subparts) under Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4. (2) Demands to produce documents or things under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4. (3) Requests for admission (with no subparts) under Chapter 16 (commencing with Section 2033.010) of Title 4 of Part 4. (b) One oral or written deposition under Chapter 9 (commencing with Section 2025.010), Chapter 10 (commencing with Section 2026.010), or Chapter 11 (commencing with Section 2028.010) of Title 4 of Part 4. For purposes of this subdivision, a deposition of an organization shall be treated as a single deposition even though more than one person may be designated or required to testify pursuant to Section 2025.230. (c) Any party may serve on any person a deposition subpoena duces tecum requiring the person served to mail copies of documents, books, or records to the party’s counsel at a specified address, along with an affidavit complying with Section 1561 of the Evidence Code. The party who issued the deposition subpoena shall mail a copy of the response to any other party who tenders the reasonable cost of copying it. (d) Physical and mental examinations under Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4. (e) The identity of expert witnesses under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4. (Amended by Stats. 2006, Ch. 538, Sec. 61. Effective January 1, 2007.)
  31. 95.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 95. (a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discovery. (b) The parties may stipulate to additional discovery. (Added by Stats. 1982, Ch. 1581, Sec. 1.)
  32. 96.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 96. (a) Any party may serve on any other party a request in substantially the following form: TO: , attorney for : You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents are not available to you, a description of them. Witnesses and evidence that will be used only for impeachment need not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW. (b) The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered. (c) A statement responding to the request shall be served within 20 days from the service of the request. (d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion. (e) No request or statement served under this section shall be filed, unless otherwise ordered. (f) The clerk shall furnish forms for requests under this rule. (g) The time for performing acts required under this section shall be computed as provided by law, including Section 1013. (Added by Stats. 1982, Ch. 1581, Sec. 1.)
  33. 97.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 97. (a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce evidence, except for purposes of impeachment, against the objecting party unless the witness or evidence was included in the statement served. (b) The exceptions to subdivision (a) are: (1) A person who, in his or her individual capacity, is a party to the litigation and who calls himself or herself as a witness. (2) An adverse party. (3) Witnesses and evidence used solely for purposes of impeachment. (4) Documents obtained by discovery authorized by this chapter. (5) The court may, upon such terms as may be just (including, but not limited to, continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness or introduce evidence which is required to be, but is not included in such party’s statement so long as the court finds that such party has made a good faith effort to comply with subdivision (c) of Section 96 or that the failure to comply was the result of his or her mistake, inadvertence, surprise or excusable neglect as provided in Section 473. (c) Nothing in this article limits the introduction of evidence in any hearing pursuant to Section 585. (Amended by Stats. 1983, Ch. 102, Sec. 3. Effective June 16, 1983.)
  34. 98.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 98. A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies: (a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial. (b) The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition. The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit. (Amended by Stats. 2023, Ch. 131, Sec. 17. (AB 1754) Effective January 1, 2024.)
  35. 989.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. ) ## 989. When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Section 410.70, those who were not originally served with the summons, and did not appear in the action, may be summoned to appear before the court in which such judgment is entered to show cause why they should not be bound by the judgment, in the same manner as though they had been originally served with the summons. (Amended by Stats. 1969, Ch. 1611.)
  36. 99.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

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

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 99. A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a party or a successor in interest to a party to the action in which the judgment or order is rendered. (Added by Stats. 1982, Ch. 1581, Sec. 1.)
  37. 990.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. ) ## 990. The summons specified in Section 989 shall be issued by the clerk upon presentation of the affidavit specified in Section 991. The summons must describe the judgment, and require the person summoned to show cause why the person should not be bound by it, and must be served in the same manner, and returnable no later than ninety (90) days after the time specified for the return of the original summons. It is not necessary to file a new complaint. (Amended by Stats. 2007, Ch. 263, Sec. 10. Effective January 1, 2008.)
  38. 991.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. ) ## 991. The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied, and must specify the amount due thereon. (Enacted 1872.)
  39. 992.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. ) ## 992. Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, by reason of any defense existing at the commencement of the action. (Amended by Stats. 1907, Ch. 325.)
  40. 993.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. ) ## 993. If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the case; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, constitute such written allegations, subject to the right of the parties to amend their pleadings as in other cases. (Amended by Stats. 1907, Ch. 325.)
  41. 994.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 1. Proceedings Against Joint Debtors [989 - 994] ( Chapter 1 enacted 1872. ) ## 994. The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against him, it must be for not exceeding the amount remaining unsatisfied on such original judgment, with interest thereon. (Enacted 1872.)
  42. 995.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.010. This chapter shall be known and may be cited as the Bond and Undertaking Law. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  43. 995.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.020. (a) The provisions of this chapter apply to a bond or undertaking executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state, except to the extent the statute prescribes a different rule or is inconsistent. (b) The provisions of this chapter apply to a bond or undertaking given at any of the following times: (1) On or after January 1, 1983. (2) Before January 1, 1983, to the extent another surety is substituted for the original surety on or after January 1, 1983, or to the extent the principal gives a new, additional, or supplemental bond or undertaking on or after January 1, 1983. Except to the extent provided in this section, the law governing a bond or undertaking given before January 1, 1983, is the law applicable to the bond or undertaking immediately before January 1, 1983, pursuant to Section 414 of Chapter 517 of the Statutes of 1982. (c) The provisions of this chapter do not apply to a bail bond or an undertaking of bail. (Amended by Stats. 1983, Ch. 18, Sec. 18.2. Effective April 21, 1983.)
  44. 995.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.030. If service of a notice, paper, or other document is required under this chapter, service shall be made in the same manner as service of process in civil actions generally. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  45. 995.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.040. An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  46. 995.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.050. The times provided in this chapter, or in any other statute relating to a bond given in an action or proceeding, may be extended pursuant to Sections 1054 and 1054.1. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  47. 995.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.110. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  48. 995.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.120. (a) “Admitted surety insurer” means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state, as defined in Section 105 of the Insurance Code. (b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the phrases “admitted surety insurer,” “authorized surety company,” “bonding company,” “corporate surety,” and comparable phrases used in the statute mean “admitted surety insurer” as defined in this section. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  49. 995.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.130. (a) “Beneficiary” means the person for whose benefit a bond is given, whether executed to, in favor of, in the name of, or payable to the person as an obligee. (b) If a bond is given for the benefit of the State of California or the people of the state, “beneficiary” means the court, officer, or other person required to determine the sufficiency of the sureties or to approve the bond. (c) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “beneficiary,” “obligee,” and comparable terms used in the statute mean “beneficiary” as defined in this section. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  50. 995.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.140. (a) “Bond” includes both of the following: (1) A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties. (2) A surety, indemnity, fiduciary, or like undertaking executed by the sureties alone. (b) A bond provided for or given “in an action or proceeding” does not include a bond provided for, or given as, a condition of a license or permit. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  51. 995.150.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.150. “Court” means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  52. 995.160.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.160. “Officer” means the sheriff, marshal, clerk of court, judge or magistrate (if there is no clerk), board, commission, department, or other public official or entity to whom the bond is given or with whom a copy of the bond is filed or who is required to determine the sufficiency of the sureties or to approve the bond. (Amended by Stats. 1996, Ch. 872, Sec. 19. Effective January 1, 1997.)
  53. 995.170.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.170. (a) “Principal” means the person who gives a bond. (b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “obligor,” “principal,” and comparable terms used in the statute mean “principal” as defined in this section. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  54. 995.180.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.180. “Statute” includes administrative regulation promulgated pursuant to statute. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  55. 995.185.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.185. (a) “Surety” has the meaning provided in Section 2787 of the Civil Code and includes personal surety and admitted surety insurer. (b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “bail,” “guarantor,” “bondsman,” “surety,” and comparable terms used in the statute mean “surety” as defined in this section. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  56. 995.190.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 1. Preliminary Provisions and Definitions [995.010 - 995.190] ( Article 1 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.190. “Undertaking” means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  57. 995.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.210. Unless the provision or context otherwise requires: (a) If a statute provides for a bond, an undertaking that otherwise satisfies the requirements for the bond may be given in its place with the same effect as if a bond were given, and references in the statute to the bond shall be deemed to be references to the undertaking. (b) If a statute provides for an undertaking, a bond that otherwise satisfies the requirements for the undertaking may be given in its place with the same effect as if an undertaking were given, and references in the statute to the undertaking shall be deemed to be references to the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  58. 995.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.220. Notwithstanding any other statute, if a statute provides for a bond in an action or proceeding, including but not limited to a bond for issuance of a restraining order or injunction, appointment of a receiver, or stay of enforcement of a judgment on appeal, the following public entities and officers are not required to give the bond and shall have the same rights, remedies, and benefits as if the bond were given: (a) The State of California or the people of the state, a state agency, department, division, commission, board, or other entity of the state, or a state officer in an official capacity or on behalf of the state. (b) A county, city, or district, or public authority, public agency, or other political subdivision in the state, or an officer of the local public entity in an official capacity or on behalf of the local public entity. (c) The United States or an instrumentality or agency of the United States, or a federal officer in an official capacity or on behalf of the United States or instrumentality or agency. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  59. 995.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.230. The beneficiary of a bond given in an action or proceeding may in writing consent to the bond in an amount less than the amount required by statute or may waive the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  60. 995.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.240. The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable to obtain sufficient sureties, whether personal or admitted surety insurers. In exercising its discretion the court shall take into consideration all factors it deems relevant, including but not limited to the character of the action or proceeding, the nature of the beneficiary, whether public or private, and the potential harm to the beneficiary if the provision for the bond is waived. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  61. 995.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.250. If a statute allows costs to a party in an action or proceeding, the costs shall include all of the following: (a) The premium on a bond reasonably paid by the party pursuant to a statute that provides for the bond in the action or proceeding. (b) The premium on a bond reasonably paid by the party in connection with the action or proceeding, unless the court determines that the bond was unnecessary. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  62. 995.260.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 2. General Provisions [995.210 - 995.260] ( Article 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.260. If a bond is recorded pursuant to statute, a certified copy of the record of the bond with all affidavits, acknowledgments, endorsements, and attachments may be admitted in evidence in an action or proceeding with the same effect as the original, without further proof. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  63. 995.310.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.310. Unless the statute providing for the bond requires execution by an admitted surety insurer, a bond shall be executed by two or more sufficient personal sureties or by one sufficient admitted surety insurer or by any combination of sufficient personal sureties and admitted surety insurers. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  64. 995.311.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.311. (a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code, shall be executed by an admitted surety insurer. A public agency approving the bond on a public works contract shall have a duty to verify that the bond is being executed by an admitted surety insurer. (b) A public agency may fulfill its duty under subdivision (a) by verifying the status of the party executing the bond in one of the following ways: (1) Printing out information from the website of the Department of Insurance confirming the surety is an admitted surety insurer and attaching it to the bond. (2) Obtaining a certificate from the county clerk that confirms the surety is an admitted insurer and attaching it to the bond. (Added by Stats. 2001, Ch. 181, Sec. 1. Effective January 1, 2002.)
  65. 995.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.320. (a) A bond shall be in writing signed by the sureties under oath and shall include all of the following: (1) A statement that the sureties are jointly and severally liable on the obligations of the statute providing for the bond. (2) The address at which the principal and sureties may be served with notices, papers, and other documents under this chapter. (3) If the amount of the bond is based upon the value of property or an interest in property, a description of the property or interest, and the principal’s estimate of the value of the property or interest, or if given pursuant to the estimate of the beneficiary or court, the value as so estimated. (b) The sureties signing the bond are jointly and severally liable on the obligations of the bond, the provisions of this chapter, and the statute providing for the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  66. 995.330.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.330. A bond or undertaking given in an action or proceeding may be in the following form: “(Title of court. Title of cause.) Whereas the ... desires to give (a bond) (an undertaking) for (state what) as provided by (state sections of code requiring bond or undertaking); now, therefore, the undersigned (principal and) (sureties) (surety) hereby (obligate ourselves, jointly and severally) (obligates itself) to (name who) under the statutory obligations, in the amount of ... dollars.” (Added by Stats. 1982, Ch. 998, Sec. 1.)
  67. 995.340.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.340. If a bond is given in an action or proceeding: (a) The bond shall be filed with the court unless the statute providing for the bond requires that the bond be given to another person. (b) If the statute providing for the bond requires that the bond be given to an officer, the officer shall file the bond with the court unless the statute providing for the bond otherwise provides. (c) A bond filed with the court shall be preserved in the office of the clerk of the court. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  68. 995.350.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.350. (a) Upon the filing of a bond with the court in an action or proceeding, the clerk shall enter in the register of actions the following information: (1) The date and amount of the bond. (2) The names of the sureties on the bond. (b) In the event of the loss of the bond, the entries in the register of actions are prima facie evidence of the giving of the bond in the manner required by statute. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  69. 995.360.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.360. A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the following conditions is satisfied: (a) The beneficiary so stipulates. (b) The bond is no longer in force and effect and the time during which the liability on the bond may be enforced has expired. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  70. 995.370.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.370. At the time a bond is given, the principal shall serve a copy of the bond on the beneficiary. An affidavit of service shall be given and filed with the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  71. 995.380.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 3. Execution and Filing [995.310 - 995.380] ( Article 3 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.380. (a) If a bond does not contain the substantial matter or conditions required by this chapter or by the statute providing for the bond, or if there are any defects in the giving or filing of the bond, the bond is not void so as to release the principal and sureties from liability. (b) The beneficiary may, in proceedings to enforce the liability on the bond, suggest the defect in the bond, or its giving or filing, and enforce the liability against the principal and the persons who intended to become and were included as sureties on the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  72. 995.410.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.410. (a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer. (b) If the statute providing for a bond requires that the bond be approved, the court or officer may approve or disapprove the bond on the basis of the affidavit or certificate of the sureties or may require the attendance of witnesses and the production of evidence and may examine the sureties under oath touching their qualifications. (c) Nothing shall be construed to preclude approval of a bond in an amount greater than that required by statute. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  73. 995.420.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.420. (a) Unless the statute providing for a bond provides that the bond becomes effective at a different time, a bond is effective at the time it is given or, if the statute requires that the bond be approved, at the time it is approved. (b) If the statute providing for a bond provides that the bond becomes effective at a time other than the time it is given or approved, the bond is effective at the time provided unless an objection is made to the bond before that time. If an objection is made to a bond before the time provided, the bond becomes effective when the court makes an order determining the sufficiency of the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  74. 995.430.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.430. A bond remains in force and effect until the earliest of the following events: (a) The sureties withdraw from or cancel the bond or a new bond is given in place of the original bond. (b) The purpose for which the bond was given is satisfied or the purpose is abandoned without any liability having been incurred. (c) A judgment of liability on the bond that exhausts the amount of the bond is satisfied. (d) The term of the bond expires. Unless the statute providing for the bond prescribes a fixed term, the bond is continuous. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  75. 995.440.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 4. Approval and Effect [995.410 - 995.440] ( Article 4 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  76. 995.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 5. Personal Sureties [995.510 - 995.520] ( Article 5 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 5. Personal Sureties [995.510 - 995.520] ( Article 5 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  77. 995.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 5. Personal Sureties [995.510 - 995.520] ( Article 5 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 5. Personal Sureties [995.510 - 995.520] ( Article 5 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  78. 995.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  79. 995.620.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  80. 995.630.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  81. 995.640.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  82. 995.650.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  83. 995.660.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  84. 995.670.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  85. 995.675.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 6. Admitted Surety Insurers [995.610 - 995.675] ( Article 6 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  86. 995.710.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.710. (a) Except as provided in subdivision (e) or to the extent the statute providing for a bond precludes a deposit in lieu of bond or limits the form of deposit, the principal may, without prior court approval, instead of giving a bond, deposit with the officer any of the following: (1) Lawful money of the United States or a cashier’s check, made payable to the officer, issued by a bank, savings association, or credit union authorized to do business in this state. The money shall be held in trust by the officer in interest-bearing deposit or share accounts. (2) Bonds or notes, including bearer bonds and bearer notes, of the United States or the State of California. The deposit of a bond or note pursuant to this section shall be accomplished by filing with the court, and serving upon all parties and the appropriate officer of the bank holding the bond or note, instructions executed by the person or entity holding title to the bond or note that the treasurer of the county where the judgment was entered is the custodian of that account for the purpose of staying enforcement of the judgment, and that the title holder assigns to the treasurer the right to collect, sell, or otherwise apply the bond or note to enforce the judgment debtor’s liability pursuant to Section 995.760. (3) Certificates of deposit payable to the officer, not exceeding the federally insured amount, issued by banks or savings associations authorized to do business in this state and insured by the Federal Deposit Insurance Corporation. (4) Savings accounts assigned to the officer, not exceeding the federally insured amount, together with evidence of the deposit in the savings accounts with banks authorized to do business in this state and insured by the Federal Deposit Insurance Corporation. (5) Investment certificates or share accounts assigned to the officer, not exceeding the federally insured amount, issued by savings associations authorized to do business in this state and insured by the Federal Deposit Insurance Corporation. (6) Share certificates payable to the officer, not exceeding the guaranteed or insured amount, issued by a credit union, as defined in Section 14002 of the Financial Code, whose share accounts are insured by the National Credit Union Administration or guaranteed or insured by any other agency that the Commissioner of Financial Protection and Innovation has not deemed to be unsatisfactory. (b) The deposit shall be in an amount or have a face value, or, in the case of bonds or notes, have a market value, equal to or in excess of the amount that would be required to be secured by the bond if the bond were given by an admitted surety insurer. Notwithstanding any other provision of this chapter, in the case of a deposit of bonds or notes other than in an action or proceeding, the officer may, in the officer’s discretion, require that the amount of the deposit be determined not by the market value of the bonds or notes but by a formula based on the principal amount of the bonds or notes. (c) The deposit shall be accompanied by an agreement executed by the principal authorizing the officer to collect, sell, or otherwise apply the deposit to enforce the liability of the principal on the deposit. The agreement shall include the address at which the principal may be served with notices, papers, and other documents under this chapter. (d) The officer may prescribe terms and conditions to implement this section. (e) This section does not apply to deposits with the Secretary of State. (Amended by Stats. 2022, Ch. 452, Sec. 41. (SB 1498) Effective January 1, 2023.)
  87. 995.720.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  88. 995.730.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  89. 995.740.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  90. 995.750.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  91. 995.760.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  92. 995.770.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 7. Deposit in Lieu of Bond [995.710 - 995.770] ( Article 7 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  93. 995.810.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  94. 995.820.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  95. 995.830.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  96. 995.840.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  97. 995.850.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 8. Bonds to the State of California [995.810 - 995.850] ( Article 8 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  98. 995.910.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 995.910. This article governs objections to a bond given in an action or proceeding. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  99. 995.920.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    The beneficiary may object to a bond.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  100. 995.930.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  101. 995.940.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  102. 995.950.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  103. 995.960.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 9. Objections to Bonds [995.910 - 995.960] ( Article 9 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  104. 996.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 10. Insufficient and Excessive Bonds [996.010 - 996.030] ( Article 10 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 10. Insufficient and Excessive Bonds [996.010 - 996.030] ( Article 10 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  105. 996.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 10. Insufficient and Excessive Bonds [996.010 - 996.030] ( Article 10 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 10. Insufficient and Excessive Bonds [996.010 - 996.030] ( Article 10 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  106. 996.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 10. Insufficient and Excessive Bonds [996.010 - 996.030] ( Article 10 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 10. Insufficient and Excessive Bonds [996.010 - 996.030] ( Article 10 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  107. 996.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  108. 996.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  109. 996.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  110. 996.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  111. 996.150.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 11. Release or Substitution of Sureties on Bond Given in Action or Proceeding [996.110 - 996.150] ( Article 11 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  112. 996.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  113. 996.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  114. 996.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  115. 996.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  116. 996.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 12. New, Additional, and Supplemental Bonds [996.210 - 996.250] ( Article 12 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  117. 996.310.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  118. 996.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  119. 996.330.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  120. 996.340.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  121. 996.350.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  122. 996.360.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 13. Cancellation of Bond or Withdrawal of Sureties [996.310 - 996.360] ( Article 13 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  123. 996.410.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  124. 996.420.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  125. 996.430.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  126. 996.440.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  127. 996.450.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  128. 996.460.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 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.)
  129. 996.470.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

    Verify source ↗

    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.470. (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 limited to the amount of the bond. (b) If a bond is given in an amount greater than the amount required by statute or by order of the court or officer pursuant to statute, the liability of the surety on the bond is limited to the amount required by statute or by order of the court or officer, unless the amount of the bond has been increased voluntarily or by agreement of the parties to satisfy an objection to the bond made in an action or proceeding. (c) The liability of a surety is limited to the amount stipulated in any of the following circumstances: (1) The bond contains a stipulation pursuant to Section 995.520 that the liability of a personal surety is limited to the worth of the surety. (2) The bond contains a stipulation that the liability of a surety is an amount less than the amount of the bond pursuant to a statute that provides that the liability of sureties in the aggregate need not exceed the amount of the bond. (Amended by Stats. 1993, Ch. 527, Sec. 2. Effective January 1, 1994.)
  130. 996.475.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.475. 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.)
  131. 996.480.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.480. (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 awaiting enforcement of the bond. The amount of the bond is reduced to the extent of any payment made by the surety in good faith. (2) If the beneficiary makes a claim for payment on a bond given in an action or proceeding after the liability of the principal is so established and the surety fails to make payment, the surety is liable for costs incurred in obtaining a judgment against the surety, including a reasonable attorney’s fee, and interest on the judgment from the date of the claim, notwithstanding Section 996.470. (b) Partial payment of a claim by a surety shall not be considered satisfaction of the claim and the beneficiary may enforce the liability on the bond. If a right is affected or a license is suspended or revoked until payment of a claim, the right continues to be affected and the license continues to be suspended or revoked until the claim is satisfied in full. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  132. 996.490.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.490. (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. 1982, Ch. 998, Sec. 1.)
  133. 996.495.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 14. Liability of Principal and Sureties [996.410 - 996.495] ( Article 14 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.495. 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.)
  134. 996.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.510. 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.)
  135. 996.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. )

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    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.520. 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 or defendants have real property or an interest in real property (designating the county or counties in which the real property is situated). (d) The liability is being enforced for the benefit of the state. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  136. 996.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.530. 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 proceedings. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  137. 996.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.540. (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.)
  138. 996.550.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.550. (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. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  139. 996.560.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 2. Bonds and Undertakings [995.010 - 996.560] ( Chapter 2 added by Stats. 1982, Ch. 998, Sec. 1. ) ## ARTICLE 15. Enforcement Lien [996.510 - 996.560] ( Article 15 added by Stats. 1982, Ch. 998, Sec. 1. ) ## 996.560. 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 entitled to specific performance of the agreement: (a) The court in an action to compel specific performance of the agreement shall order the purchaser to pay the purchase price, or so much of the purchase price as may be due, to the State Treasurer, and to take the State Treasurer’s receipt for payment. (b) Upon payment, the purchaser is entitled to enforcement of specific performance of the agreement. The purchaser takes the real property free from the lien created by the filing of the certificate. (c) The State Treasurer shall hold the payment pending the proceedings referred to in the certificate. The payment is subject to the lien created by the filing of the certificate. (Added by Stats. 1982, Ch. 998, Sec. 1.)
  140. 998.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3. Offers by a Party to Compromise [998- 998.] ( Chapter 3 added by Stats. 1969, Ch. 570. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3. Offers by a Party to Compromise [998- 998.] ( Chapter 3 added by Stats. 1969, Ch. 570. ) ## 998. (a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section. (b) Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. The written offer shall include a statement of the offer, containing the terms and conditions of the judgment or award, and a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted. Any acceptance of the offer, whether made on the document containing the offer or on a separate document of acceptance, shall be in writing and shall be signed by counsel for the accepting party or, if not represented by counsel, by the accepting party. (1) If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly. In the case of an arbitration, the offer with proof of acceptance shall be filed with the arbitrator or arbitrators who shall promptly render an award accordingly. (2) If the offer is not accepted prior to trial or arbitration or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the trial or arbitration. (3) For purposes of this subdivision, a trial or arbitration shall be deemed to be actually commenced at the beginning of the opening statement of the plaintiff or counsel, or, if there is no opening statement, at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence. (c) (1) If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover their postoffer costs and shall pay the defendant’s costs from the time of the offer. In addition, in any action or proceeding other than an eminent domain action, the court or arbitrator, in its discretion, may require the plaintiff to pay a reasonable sum to cover postoffer costs of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the defendant. (2) (A) In determining whether the plaintiff obtains a more favorable judgment, the court or arbitrator shall exclude the postoffer costs. (B) It is the intent of the Legislature in enacting subparagraph (A) to supersede the holding in Encinitas Plaza Real v. Knight, 209 Cal.App.3d 996, that attorney’s fees awarded to the prevailing party were not costs for purposes of this section but were part of the judgment. (d) If an offer made by a plaintiff is not accepted and the defendant fails to obtain a more favorable judgment or award in any action or proceeding other than an eminent domain action, the court or arbitrator, in its discretion, may require the defendant to pay a reasonable sum to cover postoffer costs of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the plaintiff, in addition to plaintiff’s costs. (e) If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the costs under this section, from the time of the offer, shall be deducted from any damages awarded in favor of the plaintiff. If the costs awarded under this section exceed the amount of the damages awarded to the plaintiff the net amount shall be awarded to the defendant and judgment or award shall be entered accordingly. (f) Police officers shall be deemed to be expert witnesses for the purposes of this section. For purposes of this section, “plaintiff” includes a cross-complainant and “defendant” includes a cross-defendant. Any judgment or award entered pursuant to this section shall be deemed to be a compromise settlement. (g) This chapter does not apply to either of the following: (1) An offer that is made by a plaintiff in an eminent domain action. (2) Any enforcement action brought in the name of the people of the State of California by the Attorney General, the Insurance Commissioner, a district attorney, or a city attorney, acting as a public prosecutor. (h) The costs for services of expert witnesses for trial under subdivisions (c) and (d) shall not exceed those specified in Section 68092.5 of the Government Code. (i) This section shall not apply to labor arbitrations filed pursuant to memoranda of understanding under the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code). (Amended by Stats. 2024, Ch. 444, Sec. 2. (SB 577) Effective January 1, 2025.)
  141. 999.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. ) ## 999. (a) It is declared to be the public policy of the State of California that prompt settlements of civil actions and claims are encouraged as beneficial to claimants, policyholders, and insurers. (b) For purposes of this section, the following definitions apply: (1) “Extracontractual damages” means any amount of damage that exceeds the total available limit of liability insurance for all of a liability insurer’s liability insurance policies applicable to a claim for property damage, personal injury, bodily injury, or wrongful death. (2) “Time-limited demand” means an offer prior to the filing of the complaint or demand for arbitration to settle any cause of action or a claim for personal injury, property damage, bodily injury, or wrongful death made by or on behalf of a claimant to a tortfeasor with a liability insurance policy for purposes of settling the claim against the tortfeasor within the insurer’s limit of liability insurance, which by its terms must be accepted within a specified period of time. (Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
  142. 999.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. )

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

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. ) ## 999.1. A time-limited demand to settle any claim shall be in writing, be labeled as a time-limited demand or reference this section, and contain material terms, which include the following: (a) The time period within which the demand must be accepted shall be not fewer than 30 days from date of transmission of the demand, if transmission is by email, facsimile, or certified mail, or not fewer than 33 days, if transmission is by mail. (b) A clear and unequivocal offer to settle all claims within policy limits, including the satisfaction of all liens. (c) An offer for a complete release from the claimant for the liability insurer’s insureds from all present and future liability for the occurrence. (d) The date and location of the loss. (e) The claim number, if known. (f) A description of all known injuries sustained by the claimant. (g) Reasonable proof, which may include, if applicable, medical records or bills, sufficient to support the claim. (Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
  143. 999.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. ) ## 999.2. (a) A claimant shall send their time-limited demand to either of the following: (1) The email address or physical address designated by the liability insurer for receipt of time-limited demands for purposes of this chapter, if an address has been provided by the liability insurer to the Department of Insurance and the Department of Insurance has made the address publicly available. (2) The insurance representative assigned to handle the claim, if known. (b) To implement this section, the Department of Insurance shall post on its internet website the email address or physical address designated by a liability insurer for receipt of time-limited demands for purposes of this chapter. (c) An act by the Department of Insurance pursuant to this section is a discretionary act for purposes of Section 820.2 of the Government Code. (Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
  144. 999.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. ) ## 999.3. (a) The recipients of a time-limited demand may accept the demand by providing written acceptance of the material terms outlined in Section 999.1 in their entirety. (b) Upon receipt of a time-limited demand, an attempt to seek clarification or additional information or a request for an extension due to the need for further information or investigation, made during the time within which to accept a time-limited demand, shall not, in and of itself, be deemed a counteroffer or rejection of the demand. (c) If, for any reason, an insurer does not accept a time-limited demand, the insurer shall notify the claimant, in writing, of its decision and the basis for its decision. This notification shall be sent prior to the expiration of the time-limited demand, including any extension agreed to by the parties, and shall be relevant in any lawsuit alleging extracontractual damages against the tortfeasor’s liability insurer. (Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
  145. 999.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. ) ## 999.4. (a) In any lawsuit filed by a claimant, or by a claimant as an assignee of the tortfeasor or by the tortfeasor for the benefit of the claimant, a time-limited demand that does not substantially comply with the terms of this chapter shall not be considered to be a reasonable offer to settle the claims against the tortfeasor for an amount within the insurance policy limits for purposes of any lawsuit alleging extracontractual damages against the tortfeasor’s liability insurer. (b) This section shall not apply to a claimant that is not represented by counsel. (c) In the event a court determines that this chapter conflicts with the Civil Discovery Act, (Title 4 (commencing with Section 2016.010) of Part 4), the Civil Discovery Act shall prevail. (Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
  146. 999.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. )

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    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.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.2. Time-Limited Demands [999 - 999.5] ( Chapter 3.2 added by Stats. 2022, Ch. 719, Sec. 1. ) ## 999.5. (a) This chapter shall only apply to causes of action and claims covered under automobile, motor vehicle, homeowner, or commercial premises liability insurance policies for property damage, personal or bodily injury, and wrongful death claims. (b) Except as provided in this chapter, nothing shall alter existing law, including law relating to claims, damages, and defenses, that may be asserted in litigation seeking extracontractual damages. (c) This chapter shall apply to time-limited demands transmitted on or after January 1, 2023. (Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)

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