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Civil Code - CIV - CIV § 2837

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2837

In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts. Except as provided in section 2794, the position of a surety to whom consideration moves is the same as that of one who is gratuitous.

Civil Code - CIV - CIV § 2838

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2838

Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.

Civil Code - CIV - CIV § 2845

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2845

A surety may require the creditor, subject to Section 996.440 of the Code of Civil Procedure, to proceed against the principal, or to pursue any other remedy in the creditor’s power which the surety cannot pursue, and which would lighten the surety’s burden; and if the creditor n

Civil Code - CIV - CIV § 2846

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2846

A surety may compel his principal to perform the obligation when due.

Civil Code - CIV - CIV § 2847

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2847

If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal is bound to reimburse what he has disbursed, including necessary costs and expenses; but the surety has no claim for reimbursement against other persons,

Civil Code - CIV - CIV § 2848

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2848

A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy which the creditor then has against the principal to the extent of reimbursing what he has expended, and also to require all his co-sureties to contribute thereto, without regard to the

Civil Code - CIV - CIV § 2849

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2849

A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety at the time of entering into the contract of suretyship, or acquired by him afterwards, whether the surety was aware of the security or no

Civil Code - CIV - CIV § 2850

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2850

Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation.

Civil Code - CIV - CIV § 2854

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2854

A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation, and may, upon the maturity of the obligation, compel the application of such security to its satisfaction.

Civil Code - CIV - CIV § 2855

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2855

An arbitration award rendered against a principal alone shall not be, be deemed to be, or be utilized as, an award against his surety. The intent of this legislation is to apply existing law to arbitration awards.

Civil Code - CIV - CIV § 2856

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2856

(a) Any guarantor or other surety, including a guarantor of a note or other obligation secured by real property or an estate for years, may waive any or all of the following: (1) The guarantor or other surety’s rights of subrogation, reimbursement, indemnification, and contributi

Civil Code - CIV - CIV § 2860

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2860

(a) If the provisions of a policy of insurance impose a duty to defend upon an insurer and a conflict of interest arises which creates a duty on the part of the insurer to provide independent counsel to the insured, the insurer shall provide independent counsel to represent the i

Civil Code - CIV - CIV § 2872

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2872

A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.

Civil Code - CIV - CIV § 2873

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2873

Liens are either general or special.

Civil Code - CIV - CIV § 2874

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2874

A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property.

Civil Code - CIV - CIV § 2875

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2875

A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation, and of such obligations as may be incidental thereto.

Civil Code - CIV - CIV § 2876

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2876

Where the holder of a special lien is compelled to satisfy a prior lien for his own protection, he may enforce payment of the amount so paid by him, as a part of the claim for which his own lien exists.

Civil Code - CIV - CIV § 2877

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2877

Contracts of mortgage, pledge, bottomry, or respondentia are subject to all of the provisions of this chapter.

Civil Code - CIV - CIV § 2881

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2881

A lien is created: 1. By contract of the parties; or, 2. By operation of law.

Civil Code - CIV - CIV § 2882

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2882

No lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.

Civil Code - CIV - CIV § 2883

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2883

(a) An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In that case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the thing, to the exten

Civil Code - CIV - CIV § 2884

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2884

A lien may be created by contract, to take immediate effect, as security for the performance of obligations not then in existence.

Civil Code - CIV - CIV § 2885

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2885

Any state agency, upon recording a state tax lien against real property, shall mail written notice of the recordation to the tax debtor, unless previous correspondence mailed to the address of record was returned undelivered with no forwarding address. Failure to notify the tax d

Civil Code - CIV - CIV § 2888

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2888

Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien.

Civil Code - CIV - CIV § 2889

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 2889

All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation secured thereby, and all contracts in restraint of the right of redemption from a lien, are void.