SECTIONS 995.610-995.675 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 995.610-995.675

995.610. (a) If a statute provides for a bond with any number of
sureties, one sufficient admitted surety insurer may become and shall
be accepted as sole surety on the bond.
(b) The admitted surety insurer is subject to all the liabilities
and entitled to all the rights of personal sureties.

995.620. Two or more admitted surety insurers may be sureties on a
bond by executing the same or separate bonds for amounts aggregating
the required amount of the bond. Each admitted surety insurer is
jointly and severally liable to the extent of the amount of the
liability assumed by it.

995.630. An admitted surety insurer shall be accepted or approved
by the court or officer as surety on a bond without further
acknowledgment if the bond is executed in the name of the surety
insurer under penalty of perjury or the fact of execution of the bond
is duly acknowledged before an officer authorized to take and
certify acknowledgments, and either one of the following conditions,
at the option of the surety insurer, is satisfied:
(a) A copy of the transcript or record of the unrevoked
appointment, power of attorney, bylaws, or other instrument, duly
certified by the proper authority and attested by the seal of the
insurer entitling or authorizing the person who executed the bond to
do so for and in behalf of the insurer, is filed in the office of the
clerk of the county in which the court or officer is located.
(b) A copy of a power of attorney is attached to the bond.

995.640. Upon review of the Internet Web site of the Department of
Insurance, the county clerk of any county shall, upon request of any
person, do any of the following:
(a) Issue a certificate stating whether a surety is admitted or if
the certificate of authority of an admitted surety insurer issued by
the Insurance Commissioner authorizing the insurer to transact
surety insurance has been surrendered, revoked, canceled, annulled,
or suspended, and, in the event that it has, whether renewed
authority has been granted. The county clerk in issuing the
certificate shall rely solely upon the information furnished by the
Insurance Commissioner pursuant to Article 2 (commencing with Section
12070) of Chapter 1 of Part 4 of Division 2 of the Insurance Code.
(b) Issue a certificate stating whether a copy of the transcript
or record of the unrevoked appointment, power of attorney, bylaws, or
other instrument, duly certified by the proper authority and
attested by the seal of an admitted surety insurer entitling or
authorizing the person who executed a bond to do so for and on behalf
of the insurer, is filed in the office of the clerk.

995.650. If an objection is made to the sufficiency of an admitted
surety insurer, the person making the objection shall attach to and
incorporate in the objection one or both of the following:
(a) The certificate of the county clerk of the county in which the
court is located stating that the insurer is not listed as an
admitted surety insurer on the department's Internet Web site or that
the certificate of authority of the insurer has been surrendered,
revoked, canceled, annulled, or suspended and has not been renewed.
(b) An affidavit stating facts that establish the insufficiency of
the insurer.

995.660. (a) If an objection is made to the sufficiency of an
admitted surety insurer on a bond or if the bond is required to be
approved, the insurer shall submit to the court or officer the
following documents:
(1) The original, or a certified copy, of the unrevoked
appointment, power of attorney, bylaws, or other instrument entitling
or authorizing the person who executed the bond to do so, within 10
calendar days of the insurer's receipt of a request to submit the
instrument.
(2) A certified copy of the certificate of authority of the
insurer issued by the Insurance Commissioner, within 10 calendar days
of the insurer's receipt of a request to submit the copy.
(3) A certificate from the clerk of the county in which the court
or officer is located that the certificate of authority of the
insurer has not been surrendered, revoked, canceled, annulled, or
suspended or, in the event that it has, that renewed authority has
been granted, within 10 calendar days of the insurer's receipt of the
certificate.
(4) Copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant
to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of
Division 1 of the Insurance Code, within 10 calendar days of the
insurer's receipt of a request to submit the statements.
(b) If the admitted surety insurer complies with subdivision (a),
and if it appears that the bond was duly executed, that the insurer
is authorized to transact surety insurance in the state, and that its
assets exceed its liabilities in an amount equal to or in excess of
the amount of the bond, the insurer is sufficient and shall be
accepted or approved as surety on the bond, subject to Section 12090
of the Insurance Code.

995.670. (a) This section applies to a bond executed, filed,
posted, furnished, or otherwise given as security pursuant to any
statute of this state or any law or ordinance of a public agency.
No public agency shall require an admitted surety insurer to
comply with any requirements other than those in Section 995.660
whenever an objection is made to the sufficiency of the admitted
surety insurer on the bond or if the bond is required to be approved.
(b) For the purposes of this section, "public agency" means the
state, any agency or authority, any city, county, city and county,
district, municipal or public corporation, or any instrumentality
thereof.

995.675. Notwithstanding Sections 995.660 and 995.670, the
California Integrated Waste Management Board, the State Water
Resources Control Board, and the Department of Toxic Substances
Control may require, in order to comply with Subtitle C or Subtitle D
of the federal Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.), an admitted surety insurer to
be listed in Circular 570 issued by the United States Treasury.