Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety. If the court determines that release would not reduce the amount of the bond or the number of sureties below the minimum required by the statute providing for the bond, substitution of a sufficient surety is not necessary and the court shall order the release of the surety. If the court determines that no injury would result from substitution of the surety, the court shall order the substitution of a sufficient surety within such time as appears reasonable.
Cal. Civ. Proc. Code § 996.120
Release or Substitution of Sureties on Bond Given in Action or Proceeding
Known as the Bond and Undertaking Law
The act spans §§ 995–996 (98 sections).
Added by Stats. 1982, Ch. 998, Sec. 1.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.