Bonds and UndertakingsPreliminary Provisions and Definitions
Section § 995.010
This part of the law is officially called the Bond and Undertaking Law.
Section § 995.020
This section sets rules for bonds or promises made for security in legal proceedings in California. It applies to bonds given on or after January 1, 1983, and certain bonds from before that date if they meet specific conditions. However, these rules don't apply if there's another statute with different instructions or for bail bonds specifically. Bonds from before 1983 follow the law that was in place back then unless updated as described.
Section § 995.030
Section § 995.040
This section states that if you're making a formal statement (or affidavit) under this specific chapter of the law, it must follow the same requirements as those outlined in a different section, Section 437c.
Section § 995.050
This law states that the deadlines for matters relating to bonds in legal cases can be extended if you follow the rules outlined in specific sections of the law.
Section § 995.110
This section states that, unless stated otherwise, the definitions in this article are used to interpret the entire chapter.
Section § 995.120
This section defines an "admitted surety insurer" as either a corporate insurer or an exchange approved by the Insurance Commissioner to provide surety insurance in California. It also clarifies that in any California law, terms like "authorized surety company" or "bonding company" are synonymous with "admitted surety insurer" according to this definition.
Section § 995.130
This section defines the term “beneficiary” in relation to bonds. A beneficiary is the person or entity that the bond is meant to benefit, whether the bond is executed in their name or payable to them. When a bond benefits the State of California or its people, the beneficiary could be a court or person responsible for approving the bond's sureties. It also clarifies that in any law, terms like “beneficiary” or “obligee” refer to this definition.
Section § 995.140
This section defines the term "bond" in a legal context. It explains that a bond can be an agreement that involves both the main party (principal) and the guarantors (sureties), or it can be one that only involves the guarantors. Additionally, it specifies that bonds related to legal actions or proceedings do not include those required for getting a license or permit.
Section § 995.150
This law defines the term "court" for situations where a bond is required during any legal case. Specifically, it means the court where the case is currently taking place.
Section § 995.160
This law defines who is considered an 'officer' in the context of handling a bond. It's a broad term that includes sheriffs, marshals, clerks of court, judges, and various public officials or entities who are responsible for receiving, filing, or approving bonds and ensuring the sureties are adequate.
Section § 995.170
The term 'principal' in this context refers to the person who provides a bond. Whenever the law talks about terms like 'obligor' or 'principal' concerning state bonds, it specifically means this person who gives the bond.
Section § 995.180
This law section is saying that the term “statute” not only refers to laws passed by the legislature but also includes rules created by government agencies based on those laws.
Section § 995.185
This law section clarifies that the term 'surety' means someone who takes responsibility for another's performance, such as paying a debt or appearing in court, and includes both individual backers and insurance companies that provide bonds. Any other terms like 'bail,' 'guarantor,' or 'bondsman' used in California state laws are considered to mean 'surety' as defined here.
Section § 995.190
This law defines an 'undertaking' as a type of promise or guarantee made solely by sureties, which are people or entities that take responsibility if someone else can't meet an obligation. It involves acts like surety or indemnity but done only by those providing the guarantee.