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Case Citations [1] (July 2018-August 2019)

handle is hein.ali/relwsec0589 and id is 1 raw text is: 





                                       SECURITY



                                   DIVISION   II. SURETYSHIP

           CHAPTER 9. JUDICIAL BONDS (BONDS IN JUDICIAL PROCEEDINGS)

§ 188. Defective Judicial Bond

Cal.App.2018.  Quot. in ftn. After insurance company forfeited its bond following its failure to produce
an arrestee, insurance company's surety filed an undertaking to stay enforcement of the summary-
judgment  order entered by the trial court against insurance company. The trial court denied surety's
motion to exonerate the undertaking and to be released from liability on the undertaking. This court
affirmed, holding that surety was estopped from challenging the undertaking, because, even if the
undertaking were invalid, the parties treated the undertaking as valid and surety received a benefit from
it since the undertaking prevented the government from executing a judgment on the bond. The court
cited Restatement of Security § 188 in explaining that a surety could be liable on a bond despite any
defects if the party on whose behalf the bond was delivered enjoyed a benefit from the delivery. People
v. American Surety Co., 242 Cal.Rptr.3d 676, 690.


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