This article governs cancellation of or withdrawal of a surety from a bond given other than in an action or proceeding.
§ 996.310.Generally
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 13. Cancellation of Bond or Withdrawal of Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.310 limits Article 13's rules on cancellation and withdrawal of a surety to bonds given other than in an action or proceeding, such as statutory license or official bonds, and does not reach bonds given in litigation.
Full Text of § 996.310
Plain-English Summary
Article 13 covers what happens when a surety wants out of a bond before any litigation triggers it, the license bonds, official bonds, and other statutory bonds required outside the context of a pending action or proceeding. This section marks that boundary.
Bonds given in an action or proceeding, an attachment undertaking or an appeal bond, for instance, don't fall under this article's cancellation and withdrawal procedure. A surety on that kind of bond instead uses the release-or-substitution procedure of Article 11, commencing at § 996.110, which requires a court application rather than a simple notice of cancellation.
Frequently Asked Questions
What kinds of bonds does Article 13 cover?
Bonds given other than in an action or proceeding, such as statutory license bonds and official bonds.
Does this article apply to a bond given in a pending lawsuit?
No. Bonds given in an action or proceeding fall outside Article 13's cancellation and withdrawal procedure.
How does a surety on a litigation bond get out of its obligation?
Through the release-or-substitution procedure in Article 11, commencing at § 996.110, which requires a court application rather than the notice procedure this article uses.
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: cancellation of bond californiawithdrawal of surety non-litigation bond