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Code of Civil Procedure - CCP - CCP § 995.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 o

Code of Civil Procedure - CCP - CCP § 995.170

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 995.180

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 995.180

“Statute” includes administrative regulation promulgated pursuant to statute.

Code of Civil Procedure - CCP - CCP § 995.185

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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,” “

Code of Civil Procedure - CCP - CCP § 995.190

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 995.190

“Undertaking” means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.

Code of Civil Procedure - CCP - CCP § 995.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 e

Code of Civil Procedure - CCP - CCP § 995.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 995.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 995.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.311

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 995.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 suretie

Code of Civil Procedure - CCP - CCP § 995.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 offi

Code of Civil Procedure - CCP - CCP § 995.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 entri

Code of Civil Procedure - CCP - CCP § 995.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 wh

Code of Civil Procedure - CCP - CCP § 995.370

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 995.380

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 995.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 provide

Code of Civil Procedure - CCP - CCP § 995.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.440

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 995.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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