Added by Stats. 1982, Ch. 998, Sec. 1.
This article governs cancellation of or withdrawal of a surety from a bond given other than in an action or proceeding.
Article 13 - Cancellation of Bond or Withdrawal of Sureties
California Code of Civil Procedure — §§ 996.310-996.360
Sections (6)
Added by Stats. 1982, Ch. 998, Sec. 1.
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.
Added by Stats. 1982, Ch. 998, Sec. 1.
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.
Amended by Stats. 1983, Ch. 18, Sec. 19. Effective April 21, 1983.
(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.
Added by Stats. 1982, Ch. 998, Sec. 1.
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.
Added by Stats. 1982, Ch. 998, Sec. 1.
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.