Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's request to join in the defense.
§ 1912.Principal bound when surety bound
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 2. Public Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1912 provides that when a party is bound by a record under the four preceding sections and that party stands as surety for another person, the person for whom they are surety is also bound, once given notice of the action and a chance to join in the defense.
Full Text of § 1912
Plain-English Summary
This section extends preclusion from a principal to that principal's surety. When a party is bound by a judicial record under the rules in the preceding four sections, and that party stands in the relation of a surety for someone else, the person being secured is also bound by the same record.
That extension is not automatic from the moment the principal is bound. The surety's principal becomes bound only from the time notice of the action or proceeding was given, along with an opportunity, at the surety's request, to join in the defense. Giving the principal that chance to participate is what makes it fair to hold them to the outcome the surety was already bound by.
Frequently Asked Questions
Who becomes bound under Section 1912?
A person for whom a party bound by a judicial record stands as surety.
From what point does that binding effect start?
From the time the principal had notice of the action or proceeding and an opportunity, at the surety's request, to join in the defense.
Which sections does this one build on?
The four sections immediately preceding it, which establish when a party is bound by a judicial record in the first place.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: surety bound by judgment against principal californianotice opportunity to defend surety liability