Section § 995.010

Explanation

This part of the law is officially called the Bond and Undertaking Law.

This chapter shall be known and may be cited as the Bond and Undertaking Law.

Section § 995.020

Explanation

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.

(a)CA Civil Procedure Code § 995.020(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)CA Civil Procedure Code § 995.020(b) The provisions of this chapter apply to a bond or undertaking given at any of the following times:
(1)CA Civil Procedure Code § 995.020(b)(1) On or after January 1, 1983.
(2)CA Civil Procedure Code § 995.020(b)(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)CA Civil Procedure Code § 995.020(c) The provisions of this chapter do not apply to a bail bond or an undertaking of bail.

Section § 995.030

Explanation
This law states that if you need to serve any notice or document, you should do it the same way you would serve legal papers in a regular civil lawsuit.
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.

Section § 995.040

Explanation

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.

An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.

Section § 995.050

Explanation

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.

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.

Section § 995.110

Explanation

This section states that, unless stated otherwise, the definitions in this article are used to interpret the entire chapter.

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.

Section § 995.120

Explanation

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.

(a)CA Civil Procedure Code § 995.120(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)CA Civil Procedure Code § 995.120(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.

Section § 995.130

Explanation

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.

(a)CA Civil Procedure Code § 995.130(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)CA Civil Procedure Code § 995.130(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)CA Civil Procedure Code § 995.130(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.

Section § 995.140

Explanation

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.

(a)CA Civil Procedure Code § 995.140(a) “Bond” includes both of the following:
(1)CA Civil Procedure Code § 995.140(a)(1) A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties.
(2)CA Civil Procedure Code § 995.140(a)(2) A surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.
(b)CA Civil Procedure Code § 995.140(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.

Section § 995.150

Explanation

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.

“Court” means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending.

Section § 995.160

Explanation

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.

“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.

Section § 995.170

Explanation

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.

(a)CA Civil Procedure Code § 995.170(a) “Principal” means the person who gives a bond.
(b)CA Civil Procedure Code § 995.170(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.

Section § 995.180

Explanation

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.

“Statute” includes administrative regulation promulgated pursuant to statute.

Section § 995.185

Explanation

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.

(a)CA Civil Procedure Code § 995.185(a) “Surety” has the meaning provided in Section 2787 of the Civil Code and includes personal surety and admitted surety insurer.
(b)CA Civil Procedure Code § 995.185(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.

Section § 995.190

Explanation

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.

“Undertaking” means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.