Execution and Filing of Bonds

Code of Civil Procedure Part 2, Title 14, Chapter 2, Article 3 deals with the execution and filing of bonds and undertakings in civil actions in California.

Section 995.310 provides that, unless the statute providing for the bond requires execution by an admitted surety insurer, a bond is required to be executed by two or more sufficient personal sureties or by one sufficient admitted surety insurer.

Section 995.311 states that any bond required on a public works contract is to be executed by an admitted surety insurer. A public agency approving the bond on a public works contract has a duty to verify that the bond is being executed by an admitted surety insurer. A public agency may fulfill its duty by verifying the status of the party executing the bond in one of the two specified ways.

Section 995.320 requires a bond to be in writing signed by the sureties under oath and include all of the specified items of information. 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 specifies that a bond bond or undertaking given in an action or proceeding may be in the specified form.

Section 995.340 requires a bond given in an action or proceeding to meet three specified requirements.

Section 995.350 requires the clerk to enter, upon the filing of a bond with the court in an action or proceeding, in the register of actions specified information.

Section 995.360 states that a bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the two specified conditions is satisfied.

Section 995.370 requires, at the time a bond is given, for the principal to serve a copy of the bond on the beneficiary. An affidavit of service is given and filed with the bond.

Section 995.380 provides that, 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.