SECTIONS 3412-3415 - California Statutes

CIVIL CODE

SECTION 3412-3415

3412. A written instrument, in respect to which there is a
reasonable apprehension that if left outstanding it may cause serious
injury to a person against whom it is void or voidable, may, upon
his application, be so adjudged, and ordered to be delivered up or
canceled.

3413. An instrument, the invalidity of which is apparent upon its
face, or upon the face of another instrument which is necessary to
the use of the former in evidence, is not to be deemed capable of
causing injury, within the provisions of the last section.

3414. Where an instrument is evidence of different rights or
obligations, it may be canceled in part, and allowed to stand for the
residue.

3415. (a) An action may be maintained by any person interested in
any private document or instrument in writing, which has been lost or
destroyed, to prove or establish the document or instrument or to
compel the issuance, execution, and acknowledgment of a duplicate of
the document or instrument.
(b) If the document or instrument is a negotiable instrument, the
court shall compel the owner of the negotiable instrument to give an
indemnity bond to the person reissuing, reexecuting, or
reacknowledging the same, against loss, damage, expense, or other
liability that may be suffered by the person by reason of the
issuance of the duplicate instrument or by the original instrument
still remaining outstanding.