SECTIONS 995.310-995.380 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 995.310-995.380

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 insurers.

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 to verify that the bond is being executed
by an admitted surety insurer.
(b) A public agency may fulfill its duty under subdivision (a) by
verifying the status of the party executing the bond in one of the
following ways:
(1) Printing out information from the website of the Department of
Insurance confirming the surety is an admitted surety insurer and
attaching it to the bond.
(2) Obtaining a certificate from the county clerk that confirms
the surety is an admitted insurer and attaching it to the bond.

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 sureties may be served
with notices, papers, and other documents under this chapter.
(3) If the amount of the bond is based upon the value of property
or an interest in property, a description of the property or
interest, and the principal's estimate of the value of the property
or interest, or if given pursuant to the estimate of the beneficiary
or court, the value as so estimated.
(b) The sureties signing the bond are jointly and severally liable
on the obligations of the bond, the provisions of this chapter, and
the statute providing for the bond.

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, the undersigned (principal and)
(sureties) (surety) hereby (obligate ourselves, jointly and
severally) (obligates itself) to (name who) under the statutory
obligations, in the amount of ... dollars."

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 officer shall file the bond with the
court unless the statute providing for the bond otherwise provides.
(c) A bond filed with the court shall be preserved in the office
of the clerk of the court.

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 entries in the
register of actions are prima facie evidence of the giving of the
bond in the manner required by statute.

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
which the liability on the bond may be enforced has expired.

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.

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.
(b) The beneficiary may, in proceedings to enforce the liability
on the bond, suggest the defect in the bond, or its giving or filing,
and enforce the liability against the principal and the persons who
intended to become and were included as sureties on the bond.