A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy which the creditor then has against the principal to the extent of reimbursing what he has expended, and also to require all his co-sureties to contribute thereto, without regard to the order of time in which they became such.
Cal. Civ. Code § 2848
Position of Sureties
Applied in 28 court decisions — leading case Western Security Bank v. Superior Court (1997)
Most recently applied in 686 F. App'x 428 - Angelo Tsakopoulos v. Alameda Investments, LLC (April 2017)
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.