California CodesCode of Civil Procedure - CCPPart 2 — Of Civil ActionsTitle 2 — Of the Time of Commencing Civil ActionsChapter 4 — General Provisions as to the Time of Commencing ActionsSection 359.5
If the obligations under a surety bond are conditioned upon performance of the principal, the expiration of the statute of limitations with respect to the obligations of the principal, other than the obligations of the principal under the bond, shall also bar an action against the principal or surety under the bond, unless the terms of the bond provide otherwise.
Notes
Bars an action against a principal or surety under a performance-conditioned surety bond when the limitations period has expired on the principal’s underlying obligations, other than obligations under the bond itself. Allows a different result when the bond’s own terms provide otherwise, making the contractual bond language an express exception to the bar.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 359.5 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-2/chapter-4/section-359-5