A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety at the time of entering into the contract of suretyship, or acquired by him afterwards, whether the surety was aware of the security or not.
Cal. Civ. Code § 2849
Position of Sureties
Applied in 13 court decisions — leading case 21 Cal. 3d 624 - Regents of University of California v. Hartford Accident & Indemnity Co. (1978)
Most recently applied in Freestone Capital v. Mka Real Estate (April 2010)
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.