In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts. Except as provided in section 2794, the position of a surety to whom consideration moves is the same as that of one who is gratuitous.
Cal. Civ. Code § 2837
Position of Sureties
Applied in 24 court decisions — leading case 21 Cal. 4th 28 - Cates Construction, Inc. v. Talbot Partners (1999)
Most recently applied in JMR Construction Corp. v. Environmental Assessment & Remediation Management, Inc. (December 2015)
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.