California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 14 — Of Miscellaneous Provisions, Chapter 2 — Bonds and Undertakings, Article 11 — Release or Substitution of Sureties on Bond Given in Action or Proceeding, Section 996.120

Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety. If the court determines that release would not reduce the amount of the bond or the number of sureties below the minimum required by the statute providing for the bond, substitution of a sufficient surety is not necessary and the court shall order the release of the surety. If the court determines that no injury would result from substitution of the surety, the court shall order the substitution of a sufficient surety within such time as appears reasonable.

Notes

Requires the court hearing a surety release or substitution request to determine potential injury to the beneficiary. Requires release without substitute if statutory minimum bond amount and surety count remain satisfied, and requires substitution of a sufficient surety within a reasonable time when the court finds substitution would cause no injury.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 996.120 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-14/chapter-2/article-11/section-996-120

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