A surety may compel his principal to perform the obligation when due.
Cal. Civ. Code § 2846
Position of Sureties
Applied in 7 court decisions — leading case 60 Cal. App. 3d 781 - Louisville Title Insurance v. Surety Title & Guaranty Co. (1976)
Most recently applied in 4 Cal. App. 4th 491 - Escrow Agents' Fidelity Corp. v. Superior Court (March 1992)
Enacted 1872.
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.