Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 13. SURETYSHIP / ARTICLE 4. Liability of Sureties
California Codes

Cal. Civil Code § 2809 (2026)

✓ current as of May 2026
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The obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; and if in its terms it exceeds it, it is reducible in proportion to the principal obligation.

Notes of Decisions
Cited in 36 cases (3 in the last 5 years), 1942–2023 · leading case: Talbott v. Hustwit, 164 Cal. App. 4th 148 (Cal. Ct. App. 2008).
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Talbott v. Hustwit, 164 Cal. App. 4th 148 (Cal. Ct. App. 2008). · cites it 6× “2d 1303 ] ( Loeb ) in the specific context of whether a statute (Civ. Code, § 2809) that provides that guarantors do not assume any obligation "more burdensome" than that assumed by the principal debtor, would apply to deficiency judgments.”
Com. Money Ctr., Inc. v. Illinois Union Ins., 508 F.3d 327 (6th Cir. 2007). “Rather, Illinois Union contends that the difference between the Scheduled Lease Payment Amounts and the sums received by Chase/Citibank was not a proper measure of its liability as a surety. This is a question of contract interpretation and application of surety principles.”
Cates Constr., Inc. v. Talbot Partners, 980 P.2d 407 (Cal. 1999). · cites it 2× “" That time was a critical factor was further evidenced in a contractual clause specifying, among other things, that "no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work .”
Regents of Univ. of California v. Hartford Accident & Indem. Co., 581 P.2d 197 (Cal. 1978). · cites it 2× “[2] *647 SURETYSHIP STATUTES Civil Code section 2809 provides: "The obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; and if in its terms it exceeds it, it is reducible in proportion to the principal…”
Wm. R. Clarke Corp. v. Safeco Ins. of Am., 938 P.2d 372 (Cal. 1997). · cites it 2× “” (Civ. Code, § 2809.) The surety “promise[d] to answer for the debt, default, or miscarriage of’ the contractor, not the owner.”
Fort Bragg Unified Sch. Dist. v. Colonial Am. Cas. & Sur. Co., 194 Cal. App. 4th 891 (Cal. Ct. App. 2011). “21 Since Colonial can sue Solano for reimbursement of any amounts it is required to pay in satisfaction of the District’s judgment, Colonial reasons that die denial of Solano’s CIGA defenses to Colonial exposes Solano to the very liabilities from which those defenses are…”
Royal Thrift & Loan Co. v. Cnty. Escrow, Inc., 4 Cal. Daily Op. Serv. 9276 (Cal. Ct. App. 2004). “2d 89 ]; Civ. Code, § 2809), and the surety’s liability accrues when the principal’s liability accrues (Bloom v.”
Cadle Co. v. World Wide Hosp. Furniture, Inc., 2006 Cal. Daily Op. Serv. 10179 (Cal. Ct. App. 2006). “” (Civ. Code, § 2809; see Brunswick Corp. v.”
River Bank Am. v. Diller, 95 Cal. Daily Op. Serv. 7844 (Cal. Ct. App. 1995). “(Civ. Code, § 2809.) 1 In a cross-appeal, defendants 2 contend the trial court erred when it granted River Bank’s motion for summary adjudication on defendants’ claim of negligent misrepresentation against River Bank.”
Scott Co. v. United States Fid. & Guar. Ins., 2003 Cal. Daily Op. Serv. 2529 (Cal. Ct. App. 2003). “*214 Civil Code section 2809 11 is the primary statutory authority on which the Sureties rely.”
United States Leasing Corp. v. duPont, 444 P.2d 65 (Cal. 1968). “3, ante), it did not authorize any change in the basic character of the lease as being one covering equipment “in the amount of $100,000.00.” We must now determine whether defendants’ liability under their guaranty as it has been set forth has accrued.”
Boliver v. Sur. Co., 72 Cal. App. Supp. 3d 22 (Cal. App. Dep’t Super. Ct. 1977). “California has defined the obligation of a surety: “When one assumes liability as surety upon a conditional obligation, his liability is commensurate with that of the principal . . . .” Civil Code section 2808; “The obligation of a surety must be neither larger in amount nor in…”
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