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Civil Code - CIV - CIV § 2788

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2788

A person may become surety even without the knowledge or consent of the principal.

Civil Code - CIV - CIV § 2792

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2792

Where a suretyship obligation is entered into at the same time with the original obligation, or with the acceptance of the latter by the creditor, and forms with that obligation a part of the consideration to him, no other consideration need exist. In all other cases there must b

Civil Code - CIV - CIV § 2793

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2793

Except as prescribed by the next section, a suretyship obligation must be in writing, and signed by the surety; but the writing need not express a consideration.

Civil Code - CIV - CIV § 2794

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2794

A promise to answer for the obligation of another, in any of the following cases, is deemed an original obligation of the promisor, and need not be in writing: (1) Where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to su

Civil Code - CIV - CIV § 2795

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2795

Unless notice of acceptance is expressly required, an offer to become a surety may be accepted by acting upon it, or by acceptance upon other consideration. An absolute suretyship obligation is binding upon the surety without notice of acceptance.

Civil Code - CIV - CIV § 2799

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2799

In an assumption of liability as surety in connection with a contract, the terms of which are not then settled, it is implied that its terms shall be such as will not expose the surety to greater risks than he would incur under those terms which are most common in similar contrac

Civil Code - CIV - CIV § 2800

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2800

A guaranty to the effect that an obligation is good, or is collectible, imports that the debtor is solvent, and that the demand is collectible by the usual legal proceedings, if taken with reasonable diligence.

Civil Code - CIV - CIV § 2801

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2801

A guaranty, such as is mentioned in the last section, is not discharged by an omission to take proceedings upon the principal debt, or upon any collateral security for its payment, if no part of the debt could have been collected thereby.

Civil Code - CIV - CIV § 2802

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2802

In the cases mentioned in Section 2800, the removal of the principal from the State, leaving no property therein from which the obligation might be satisfied, is equivalent to the insolvency of the principal in its effect upon the rights and obligations of the guarantor.

Civil Code - CIV - CIV § 2806

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2806

A suretyship obligation is to be deemed unconditional unless its terms import some condition precedent to the liability of the surety.

Civil Code - CIV - CIV § 2807

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2807

A surety who has assumed liability for payment or performance is liable to the creditor immediately upon the default of the principal, and without demand or notice.

Civil Code - CIV - CIV § 2808

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2808

Where one assumes liability as surety upon a conditional obligation, his liability is commensurate with that of the principal, and he is not entitled to notice of the default of the principal, unless he is unable, by the exercise of reasonable diligence, to acquire information of

Civil Code - CIV - CIV § 2809

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2809

The obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; and if in its terms it exceeds it, it is reducible in proportion to the principal obligation.

Civil Code - CIV - CIV § 2810

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2810

A surety is liable, notwithstanding any mere personal disability of the principal, though the disability be such as to make the contract void against the principal; but he is not liable if for any other reason there is no liability upon the part of the principal at the time of th

Civil Code - CIV - CIV § 2811

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2811

Any party required to give a bond undertaking or other obligation may agree with his surety for the deposit of any money and assets for which the surety is responsible with a bank, savings bank, safe deposit, or trust company authorized by law to do business as such, or other dep

Civil Code - CIV - CIV § 2814

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2814

A guaranty relating to a future liability of the principal, under successive transactions, which either continue his liability or from time to time renew it after it has been satisfied, is called a continuing guaranty.

Civil Code - CIV - CIV § 2815

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2815

A continuing guaranty may be revoked at any time by the guarantor, in respect to future transactions, unless there is a continuing consideration as to such transactions which he does not renounce.

Civil Code - CIV - CIV § 2819

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2819

A surety is exonerated, except so far as he or she may be indemnified by the principal, if by any act of the creditor, without the consent of the surety the original obligation of the principal is altered in any respect, or the remedies or rights of the creditor against the princ

Civil Code - CIV - CIV § 2820

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2820

That a promise by a creditor is for any cause void, or voidable by him at his option, shall not prevent it from altering the obligation or suspending or impairing the remedy within the meaning of the last section.

Civil Code - CIV - CIV § 2821

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2821

The rescission of an agreement altering the original obligation of a debtor, or impairing the remedy of a creditor, does not restore the liability of a surety who has been exonerated by such agreement.

Civil Code - CIV - CIV § 2822

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2822

(a) The acceptance, by a creditor, of anything in partial satisfaction of an obligation, reduces the obligation of a surety thereof, in the same measure as that of the principal, but does not otherwise affect it. However, if the surety is liable upon only a portion of an obligati

Civil Code - CIV - CIV § 2823

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2823

Mere delay on the part of a creditor to proceed against the principal, or to enforce any other remedy, does not exonerate a surety.

Civil Code - CIV - CIV § 2824

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2824

A surety, who has been indemnified by the principal, is liable to the creditor to the extent of the indemnity, notwithstanding that the creditor, without the assent of the surety, may have modified the contract or released the principal.

Civil Code - CIV - CIV § 2825

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2825

A surety is not exonerated by the discharge of his principal by operation of law, without the intervention or omission of the creditor.

Civil Code - CIV - CIV § 2832

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2832

One who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that he is in fact a surety, except as against persons who have acted on the faith of his apparent character of principal. It is not necessary for him to show that the creditor