SECTIONS 996.310-996.360 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 996.310-996.360

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

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 cancellation or withdrawal to the principal.

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 bond is given, the date the new bond becomes
effective.

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 revoked, and any license or registration for which
the bond is given is suspended.
(b) A person whose license or registration is suspended shall not
operate or carry on business pursuant to the license or registration
during the period of suspension. A license or registration that is
suspended may be revived only by the giving of a new bond during the
license or registration period in which the cancellation or
withdrawal occurred.

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.

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 respects as though there had been no
cancellation or withdrawal.
(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 cancellation or withdrawal.
(c) The cancellation or withdrawal does not affect the bond as to
the remaining sureties, or alter or change their liability in any
respect.