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Code of Civil Procedure - CCP - CCP § 995.950

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 995.960

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 sufficien

Code of Civil Procedure - CCP - CCP § 996.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 supporte

Code of Civil Procedure - CCP - CCP § 996.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 am

Code of Civil Procedure - CCP - CCP § 996.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 996.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 ord

Code of Civil Procedure - CCP - CCP § 996.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 requi

Code of Civil Procedure - CCP - CCP § 996.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 996.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 996.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 th

Code of Civil Procedure - CCP - CCP § 996.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 sur

Code of Civil Procedure - CCP - CCP § 996.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 996.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 996.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 bon

Code of Civil Procedure - CCP - CCP § 996.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 suretie

Code of Civil Procedure - CCP - CCP § 996.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 996.310

This article governs cancellation of or withdrawal of a surety from a bond given other than in an action or proceeding.

Code of Civil Procedure - CCP - CCP § 996.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 996.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 b

Code of Civil Procedure - CCP - CCP § 996.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 rev

Code of Civil Procedure - CCP - CCP § 996.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 996.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 respect

Code of Civil Procedure - CCP - CCP § 996.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 996.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 996.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pendin

Code of Civil Procedure - CCP - CCP § 996.440

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t