(a) The liability on a bond under this article may be enforced by or for the benefit of, and in the name of, any and all persons for whose benefit the bond is given who are damaged by breach of the condition of the bond.
§ 995.850.Enforcement of Liability On Bond
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 8. Bonds to the State of California · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 995.850 lets any person for whose benefit a bond under this article was given, and who was damaged by breach of the bond's condition, enforce liability on the bond in that person's own name without needing an assignment, in addition to any other remedy available.
Full Text of § 995.850
(b) A person described in subdivision (a) may, in addition to any other remedy the person has, enforce the liability on the bond in the person's own name, without assignment of the bond.
Plain-English Summary
Even though bonds under this article name the State of California as the formal beneficiary, this section makes sure the people the bond was meant to protect can enforce it directly. Anyone for whose benefit the bond was given, who suffers damage from a breach of its condition, may enforce that liability by or for that person's own benefit and in that person's own name.
Subdivision (b) removes a procedural hurdle that might otherwise apply: no assignment of the bond from the state is needed before an injured beneficiary sues on it. That right also comes on top of, rather than instead of, whatever other remedies the person might have.
Frequently Asked Questions
Who can enforce liability on a bond given to the State of California under this article?
Any person for whose benefit the bond was given who was damaged by a breach of its condition.
Does an injured party need the state to assign the bond before suing on it?
No, § 995.850(b) allows enforcement in the person's own name without any assignment.
Does enforcing the bond this way replace other remedies the injured party might have?
No, it's in addition to any other remedy available.
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: enforcing liability on state bond californiawho can sue on a bond california