California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 14 — Of Miscellaneous Provisions, Chapter 2 — Bonds and Undertakings, Article 3 — Execution and Filing, Section 995.380
(a) 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.
(b) The beneficiary may, in proceedings to enforce the liability on the bond, suggest the defect in the bond, or its giving or filing, and enforce the liability against the principal and the persons who intended to become and were included as sureties on the bond.
Notes
Establishes that defects in a bond’s required substance, conditions, giving, or filing do not void the bond or release the principal and sureties from liability. Allows the beneficiary, in enforcement proceedings, to identify the defect and enforce liability against the principal and the persons who intended to become and were included as sureties.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 995.380 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-14/chapter-2/article-3/section-995-380