California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 13 — Suretyship, Article 7 — Position of Sureties, Section 2845
A surety may require the creditor, subject to Section 996.440 of the Code of Civil Procedure, to proceed against the principal, or to pursue any other remedy in the creditor’s power which the surety cannot pursue, and which would lighten the surety’s burden; and if the creditor neglects to do so, the surety is exonerated to the extent to which the surety is thereby prejudiced.
Notes
Allows a surety, subject to the referenced procedural statute, to require the creditor to proceed against the principal or pursue another remedy available to the creditor but unavailable to the surety that would lighten the surety’s burden. If the creditor neglects to do so, the surety is exonerated to the extent of resulting prejudice.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 2845 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-13/article-7/section-2845