(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.
§ 995.380.Defects In Bond Or Its Giving Or Filing
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 3. Execution and Filing · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 995.380 provides that a bond missing required substantive matter or conditions, or affected by defects in its giving or filing, isn't void and doesn't release the principal or sureties, and lets the beneficiary point out the defect while still enforcing liability against the principal and those who intended to be sureties.
Full Text of § 995.380
(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.
Plain-English Summary
Bonds sometimes miss the mark on drafting — leaving out something this chapter or the underlying statute requires, or getting tangled up in how they were given or filed. This section keeps that imperfection from becoming a windfall for the principal and sureties. Subdivision (a) says such a bond is not void, and the principal and sureties aren't released from liability just because of the defect.
Subdivision (b) tells the beneficiary how to handle it: in proceedings to enforce liability on the bond, the beneficiary can point out the defect in the bond, or in how it was given or filed, and still enforce liability — against the principal, and against the people who intended to become sureties and were in fact included as sureties on the bond.
The practical effect is that a defectively drafted or improperly filed bond still protects the beneficiary, so long as it's clear who intended to be bound.
Frequently Asked Questions
Does a bond become void if it's missing something this chapter requires?
No. Section 995.380(a) says a defective bond isn't void, and the principal and sureties aren't released from liability because of the defect.
What if there was a problem with how the bond was filed?
The same protection applies to defects in the giving or filing of the bond, not just defects in its content.
Can the beneficiary still enforce a defective bond?
Yes. The beneficiary may point out the defect in enforcement proceedings and still enforce liability against the principal and the people who intended to become and were included as sureties.
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.
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: defective bond still valid californiadefects in bond filing california