SECTIONS 995.010-995.190 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 995.010-995.190

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

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.

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.

995.040. An affidavit made under this chapter shall conform to the
standards prescribed for an affidavit made pursuant to Section 437c.

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.

995.110. Unless the provision or context otherwise requires, the
definitions in this article govern the construction of this chapter.

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.

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.

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.

995.150. "Court" means, if a bond is given in an action or
proceeding, the court in which the action or proceeding is pending.

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.

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.

995.180. "Statute" includes administrative regulation promulgated
pursuant to statute.

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.

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