Section § 995.310

Explanation

This law section explains that if a bond isn't specifically required to be backed by a certified insurance company, it can be issued by either two or more qualified individuals (personal sureties), one certified insurance company (admitted surety insurer), or a mix of both types of sureties.

Unless the statute providing for the bond requires execution by an admitted surety insurer, a bond shall be executed by two or more sufficient personal sureties or by one sufficient admitted surety insurer or by any combination of sufficient personal sureties and admitted surety insurers.

Section § 995.311

Explanation

If a bond is needed for a public works project, it must be guaranteed by a surety company that is officially recognized. The agency in charge of approving the bond needs to make sure the surety company is legitimate. They can do this by checking online with the Department of Insurance or getting a certificate from the county clerk to confirm the company's status.

(a)CA Civil Procedure Code § 995.311(a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code, shall be executed by an admitted surety insurer. A public agency approving the bond on a public works contract shall have a duty to verify that the bond is being executed by an admitted surety insurer.
(b)CA Civil Procedure Code § 995.311(b) A public agency may fulfill its duty under subdivision (a) by verifying the status of the party executing the bond in one of the following ways:
(1)CA Civil Procedure Code § 995.311(b)(1) Printing out information from the website of the Department of Insurance confirming the surety is an admitted surety insurer and attaching it to the bond.
(2)CA Civil Procedure Code § 995.311(b)(2) Obtaining a certificate from the county clerk that confirms the surety is an admitted insurer and attaching it to the bond.

Section § 995.320

Explanation

This law explains the requirements for a bond, which is a written promise made by a person (called a surety) to ensure someone else meets their obligations. The bond must be signed by the sureties in front of witnesses and include their addresses. It also needs a statement that the sureties are legally responsible for fulfilling the obligations of the bond. If the bond's value depends on property, it must describe the property and provide its estimated value. The sureties who sign are financially responsible under the bond and related laws.

(a)CA Civil Procedure Code § 995.320(a) A bond shall be in writing signed by the sureties under oath and shall include all of the following:
(1)CA Civil Procedure Code § 995.320(a)(1) A statement that the sureties are jointly and severally liable on the obligations of the statute providing for the bond.
(2)CA Civil Procedure Code § 995.320(a)(2) The address at which the principal and sureties may be served with notices, papers, and other documents under this chapter.
(3)CA Civil Procedure Code § 995.320(a)(3) If the amount of the bond is based upon the value of property or an interest in property, a description of the property or interest, and the principal’s estimate of the value of the property or interest, or if given pursuant to the estimate of the beneficiary or court, the value as so estimated.
(b)CA Civil Procedure Code § 995.320(b) The sureties signing the bond are jointly and severally liable on the obligations of the bond, the provisions of this chapter, and the statute providing for the bond.

Section § 995.330

Explanation

This law outlines the structure of a bond or guarantee that is used in legal cases or proceedings. It provides a suggested format that includes the court and case title, and it specifies the conditions under which someone may offer a bond or guarantee. The form includes details such as the principal, any sureties involved, and the obligations they agree to fulfill. It also states the amount of money involved, and it names the party to whom the obligation is directed.

A bond or undertaking given in an action or proceeding may be in the following form:
“(Title of court. Title of cause.)
Whereas the ... desires to give (a bond) (an undertaking) for (state what) as provided by (state sections of code requiring bond or undertaking); now, therefore, the undersigned (principal and) (sureties) (surety) hereby (obligate ourselves, jointly and severally) (obligates itself) to (name who) under the statutory obligations, in the amount of ... dollars.”

Section § 995.340

Explanation

When a bond is required in a legal case, it usually needs to be filed with the court. However, if the law says to give the bond to someone else, that's okay too. If the bond is given to an officer, they should also file it with the court unless the law states otherwise. Once filed, the court clerk keeps the bond safe in their office.

If a bond is given in an action or proceeding:
(a)CA Civil Procedure Code § 995.340(a) The bond shall be filed with the court unless the statute providing for the bond requires that the bond be given to another person.
(b)CA Civil Procedure Code § 995.340(b) If the statute providing for the bond requires that the bond be given to an officer, the officer shall file the bond with the court unless the statute providing for the bond otherwise provides.
(c)CA Civil Procedure Code § 995.340(c) A bond filed with the court shall be preserved in the office of the clerk of the court.

Section § 995.350

Explanation

When a bond is filed with the court during a legal action, the court clerk must record the date, amount, and names of the sureties in the register of actions. If the actual bond is lost, this recorded information can be used as initial evidence that the bond was filed correctly.

(a)CA Civil Procedure Code § 995.350(a) Upon the filing of a bond with the court in an action or proceeding, the clerk shall enter in the register of actions the following information:
(1)CA Civil Procedure Code § 995.350(a)(1) The date and amount of the bond.
(2)CA Civil Procedure Code § 995.350(a)(2) The names of the sureties on the bond.
(b)CA Civil Procedure Code § 995.350(b) In the event of the loss of the bond, the entries in the register of actions are prima facie evidence of the giving of the bond in the manner required by statute.

Section § 995.360

Explanation

You can only take a bond out of a court file and return it to the person who posted it if the court agrees and one of two conditions is met: either the person who benefits from the bond agrees, or the bond is no longer valid because the time to enforce it has passed.

A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the following conditions is satisfied:
(a)CA Civil Procedure Code § 995.360(a) The beneficiary so stipulates.
(b)CA Civil Procedure Code § 995.360(b) The bond is no longer in force and effect and the time during which the liability on the bond may be enforced has expired.

Section § 995.370

Explanation

This law requires that when a bond is issued, the person who is responsible (the principal) must provide a copy to the person benefiting from the bond (the beneficiary). Additionally, a document proving that the bond was delivered (an affidavit of service) must be included with the bond when it’s filed.

At the time a bond is given, the principal shall serve a copy of the bond on the beneficiary. An affidavit of service shall be given and filed with the bond.

Section § 995.380

Explanation

If a bond is missing important parts or has issues with how it was given or filed, it doesn't automatically free those responsible from being held liable. The person benefiting from the bond can still point out the problems and hold the responsible parties to account.

(a)CA Civil Procedure Code § 995.380(a) If a bond does not contain the substantial matter or conditions required by this chapter or by the statute providing for the bond, or if there are any defects in the giving or filing of the bond, the bond is not void so as to release the principal and sureties from liability.
(b)CA Civil Procedure Code § 995.380(b) The beneficiary may, in proceedings to enforce the liability on the bond, suggest the defect in the bond, or its giving or filing, and enforce the liability against the principal and the persons who intended to become and were included as sureties on the bond.