Where one assumes liability as surety upon a conditional obligation, his liability is commensurate with that of the principal, and he is not entitled to notice of the default of the principal, unless he is unable, by the exercise of reasonable diligence, to acquire information of such default, and the creditor has actual notice thereof.
Cal. Civ. Code § 2808
Liability of Sureties
Applied in 6 court decisions — leading case 23 Cal. App. 4th 738 - T&R Painting Construction Inc. v. St. Paul Fire & Marine Insurance (1994)
Most recently applied in 189 Cal. App. 4th 1027 - Mepco Services, Inc. v. Saddleback Valley Unified School District (November 2010)
Amended by Stats. 1939, Ch. 453.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.