A surety may require the creditor, subject to Section 996.440 of the Code of Civil Procedure, to proceed against the principal, or to pursue any other remedy in the creditor’s power which the surety cannot pursue, and which would lighten the surety’s burden; and if the creditor neglects to do so, the surety is exonerated to the extent to which the surety is thereby prejudiced.
Cal. Civ. Code § 2845
Position of Sureties
Applied in 10 court decisions — leading case Krueger v. Bank of America (1983)
Most recently applied in 874 F. Supp. 2d 108 - LFG National Capital, LLC v. Gary (July 2012)
Amended by Stats. 1982, Ch. 517, Sec. 73.
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.