SECTIONS 996.110-996.150 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 996.110-996.150

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 order that
another surety be substituted for the original surety.
(c) The applicant shall serve on the principal or surety (other
than the applicant) and on the beneficiary a copy of the application
and a notice of hearing on the application. Service shall be made not
less than 15 days before the date set for hearing.

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 required by the statute providing for the
bond, substitution of a sufficient surety is not necessary and the
court shall order the release of the surety. If the court determines
that no injury would result from substitution of the surety, the
court shall order the substitution of a sufficient surety within such
time as appears reasonable.

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 of the original surety from liability on the bond.

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.

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 though there had been no release.
(b) The surety is not liable for any act, default, or misconduct
of the principal or other breach of the condition of the bond that
occurs after, or for any liabilities on the bond that arise after,
the release.
(c) The release does not affect the bond as to the remaining
sureties, or alter or change their liability in any respect.