If an action is brought against any officer or person for an act for the doing of which he had theretofore received any valid bond or convenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed such bond or covenant, and permits them to conduct the defense of such action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of such bond or covenant, and of such notice and permission, enter judgment against them for the amount so recovered and costs.
§ 1055.Judgment Against Persons Executing Bond Or Covenant of Indemnity
Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Last amended 1907 · Last verified July 28, 2026
In one sentenceSection 1055 makes a judgment against an officer or person conclusive evidence against whoever gave that person a bond or indemnity covenant for the act sued on, once they received timely written notice and a chance to defend, and lets the court enter judgment against them directly for the amount recovered plus costs.
Full Text of § 1055
Plain-English Summary
This section connects a lawsuit against an indemnified officer or person to the indemnitors standing behind them. If an action is brought against an officer or person for an act covered by a bond or covenant of indemnity that person previously received, and that person gives seasonable written notice of the suit to whoever executed the bond or covenant and lets them conduct the defense, the resulting judgment becomes conclusive evidence against those indemnitors.
The practical payoff comes on motion. Once the judgment is entered, the defendant can move, on five days' notice, and on proof of the bond or covenant along with proof that notice and the chance to defend were given, for the court to enter judgment directly against the persons who executed the bond, for the amount already recovered plus costs.
This mechanism spares the officer or person from having to file a separate indemnity action after paying the judgment. It works because the indemnitors had fair warning and a real opportunity to control the defense, which is what justifies treating the underlying judgment as conclusive against them.
Frequently Asked Questions
What must happen before an indemnitor is bound by a judgment under § 1055?
The person sued must give seasonable written notice of the action to whoever executed the bond or covenant of indemnity and permit them to conduct the defense.
How does the defendant collect from the indemnitors after judgment?
By motion, on five days' notice, with proof of the bond or covenant and proof that notice and the opportunity to defend were given, asking the court to enter judgment against them for the amount recovered and costs.
Does this section require a brand-new lawsuit against the indemnitors?
No. It lets the defendant proceed by motion within the same action rather than filing a separate suit to enforce the indemnity.
Amendment History
Amended by Stats. 1907, Ch. 246.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: judgment against surety indemnity bond californiaenforcing indemnity covenant after judgment california