California Civil Code ARTICLE 7 - Position of Sureties

• Section 2832.
  One who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that he is in fact a...
• Section 2837.
  In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts. Except as...
• Section 2838.
  Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.(Enacted 1872.)
• Section [2839.].
   Section Twenty-eight Hundred and Thirty-nine. Performance of the principal obligation, or an offer of such performance, duly made as provided in this Code, exonerates a...
• 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...
• Section 2846.
  A surety may compel his principal to perform the obligation when due.(Enacted 1872.)
• Section 2847.
  If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal is bound to reimburse what he...
• Section 2848.
  A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy which the creditor then has against the principal to the...
• Section 2849.
  A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety...
• Section 2850.
  Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied...
• Section 2854.
  A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of...
• Section 2855.
  An arbitration award rendered against a principal alone shall not be, be deemed to be, or be utilized as, an award against his surety.The intent...
• Section 2856.
  (a) Any guarantor or other surety, including a guarantor of a note or other obligation secured by real property or an estate for years, may waive...

Last modified: October 22, 2018