Added by Stats. 1982, Ch. 998, Sec. 1.
This chapter shall be known and may be cited as the Bond and Undertaking Law.
Article 1 - Preliminary Provisions and Definitions
California Code of Civil Procedure — §§ 995.010-995.190
Sections (15)
Amended by Stats. 1983, Ch. 18, Sec. 18.2. Effective April 21, 1983.
(a)The provisions of this chapter apply to a bond or undertaking executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state, except to the extent the statute prescribes a different rule or is inconsistent.
(b)The provisions of this chapter apply to a bond or undertaking given at any of the following times:
(1)On or after January 1, 1983.
(2)Before January 1,
1983, to the extent another surety is substituted for the original surety on or after January 1, 1983, or to the extent the principal gives a new, additional, or supplemental bond or undertaking on or after January 1, 1983.
Except to the extent provided in this section, the law governing a bond or undertaking given before January 1, 1983, is the law applicable to the bond or undertaking immediately before January 1, 1983, pursuant to Section 414 of Chapter 517 of the Statutes of 1982.
(c)The provisions of this chapter do not apply to a bail bond or an undertaking of bail.
Added by Stats. 1982, Ch. 998, Sec. 1.
If service of a notice, paper, or other document is required under this chapter, service shall be made in the same manner as service of process in civil actions generally.
Added by Stats. 1982, Ch. 998, Sec. 1.
An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.
Added by Stats. 1982, Ch. 998, Sec. 1.
The times provided in this chapter, or in any other statute relating to a bond given in an action or proceeding, may be extended pursuant to Sections 1054 and 1054.1.
Added by Stats. 1982, Ch. 998, Sec. 1.
Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
Added by Stats. 1982, Ch. 998, Sec. 1.
(a)“Admitted surety insurer” means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state, as defined in Section 105 of the Insurance Code.
(b)For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the phrases “admitted surety insurer,” “authorized surety company,” “bonding company,” “corporate surety,” and comparable phrases used in the statute mean “admitted surety insurer” as defined in this
section.
Added by Stats. 1982, Ch. 998, Sec. 1.
(a)“Beneficiary” means the person for whose benefit a bond is given, whether executed to, in favor of, in the name of, or payable to the person as an obligee.
(b)If a bond is given for the benefit of the State of California or the people of the state, “beneficiary” means the court, officer, or other person required to determine the sufficiency of the sureties or to approve the bond.
(c)For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms
“beneficiary,” “obligee,” and comparable terms used in the statute mean “beneficiary” as defined in this section.
Added by Stats. 1982, Ch. 998, Sec. 1.
(a)“Bond” includes both of the following:
(1)A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties.
(2)A surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.
(b)A bond provided for or given “in an action or proceeding” does not include a bond provided for, or given as, a condition of a license or permit.
Added by Stats. 1982, Ch. 998, Sec. 1.
“Court” means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending.
Amended by Stats. 1996, Ch. 872, Sec. 19. Effective January 1, 1997.
“Officer” means the sheriff, marshal, clerk of court, judge or magistrate (if there is no clerk), board, commission, department, or other public official or entity to whom the bond is given or with whom a copy of the bond is filed or who is required to determine the sufficiency of the sureties or to approve the bond.
Added by Stats. 1982, Ch. 998, Sec. 1.
(a)“Principal” means the person who gives a bond.
(b)For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “obligor,” “principal,” and comparable terms used in the statute mean “principal” as defined in this section.
Added by Stats. 1982, Ch. 998, Sec. 1.
“Statute” includes administrative regulation promulgated pursuant to statute.
Added by Stats. 1982, Ch. 998, Sec. 1.
(a)“Surety” has the meaning provided in Section 2787 of the Civil Code and includes personal surety and admitted surety insurer.
(b)For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “bail,” “guarantor,” “bondsman,” “surety,” and comparable terms used in the statute mean “surety” as defined in this section.
Added by Stats. 1982, Ch. 998, Sec. 1.
“Undertaking” means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.