(a) The beneficiary may enforce the liability on a bond against both the principal and sureties.
§ 996.410.Beneficiary May Enforce; Beneficiary Class of Persons
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 14. Liability of Principal and Sureties · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 996.410 opens Article 14 by letting the beneficiary of a bond enforce liability against both the principal and the sureties together, and by letting any individual member of a beneficiary class sue in that person's own name without needing an assignment of the bond.
Full Text of § 996.410
(b) If the beneficiary is a class of persons, any person in the class may enforce the liability on a bond in the person's own name, without assignment of the bond.
Plain-English Summary
Article 14 governs how liability on a bond gets enforced, and this section states the basic rule: the beneficiary isn't limited to going after the principal or the sureties, both are fair targets, together, for enforcing the bond's liability.
Subdivision (b) addresses a wrinkle common to statutory bonds: many protect a whole class of people rather than one named beneficiary, customers of a licensed business, for instance. In that situation, any individual within the protected class can sue on the bond in that person's own name, without first getting an assignment of the bond from anyone else in the class.
Frequently Asked Questions
Can a beneficiary sue both the principal and the sureties on a bond?
Yes. Section 996.410(a) lets the beneficiary enforce liability against both.
What if the bond protects a whole class of people rather than one named beneficiary?
Any person in that class may enforce the liability on the bond in that person's own name.
Does a member of a beneficiary class need an assignment to sue on the bond?
No. Section 996.410(b) allows suit without any assignment of the bond.
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: who can enforce a bond californiaclass of beneficiaries bond claim