California Codes
Cal. Civil Code § 2849 (2026)
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 13
cases, 1964–2013 · leading case: Fort Bragg Unified Sch. Dist. v. Colonial Am. Cas. & Sur. Co., 194 Cal. App. 4th 891 (Cal. Ct. App. 2011).
Fort Bragg Unified Sch. Dist. v. Colonial Am. Cas. & Sur. Co., 194 Cal. App. 4th 891 (Cal. Ct. App. 2011). “” Civil Code section 2849 states: “A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor .”
Ferraro v. Pac. Fin. Corp., 8 Cal. App. 3d 339 (Cal. Ct. App. 1970). “(Civ. Code, § 2849.) It was the dealer, not the lender, who retained and refused to return the car after August 4, 1966.”
Freestone Capital v. Mka Real Est., 230 P.3d 625 (Wash. Ct. App. 2010). “[42] Cal. Civ. Code § 2849 . [43] Warren v. Washington Trust Bank, 92 Wash.”
Freestone Capital Partners, LP v. MKA Real Est. Opportunity Fund I, LLC, 155 Wash. App. 643 (Wash. Ct. App. 2010). “42 Cal. Civ. Code § 2849 . Warren v. Wash. Trust Bank, 92 Wn.”
Sukut-Coulson, Inc. v. Allied Canon Co., 85 Cal. App. 3d 648 (Cal. Ct. App. 1978). “To be sure, Civil Code section 2849 provides that a surety is entitled to the benefit of every security held or acquired by a creditor to secure the principal’s obligation, and Civil Code section 2845 allows a surety to require a creditor to proceed against the principal or…”
East Quincy Servs. Dist. v. Gen. Accident Ins. Co. of Am., 105 Cal. Rptr. 2d 694 (Cal. Ct. App. 2001). “30 Civil Code section 2849. 31 9 Witkin, California Procedure (4th ed.”
Wiener v. Van Winkle, 6 U.C.C. Rep. Serv. (West) 819 (Cal. Ct. App. 1969). “" Civil Code, section 2849: “A 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…”
Charles H. Alberding v. Everett S. M. Brunzell & Dana Brunzell, Charles H. Alberding v. Everett S. M. Brunzell & Dana Brunzell, 601 F.2d 474 (9th Cir. 1979). “Appellees cite Cal.Civ.Code §§ 2849, 2850 which give sureties the benefit of security for performance of the principal obligation and provide that property of the principal be the first source of discharge if property of both the principal and the surety secure the obligation.”
Union Bank, a California Corp. v. Winnebago Indus., Inc., an Iowa Corp., 528 F.2d 95 (9th Cir. 1975). “Cal.Civ.Code § 2849. Thus, Winnebago contends that the bank’s refusal to proceed first against the principal debtor, Winnebago World of Lomita, or to assign other personal guarantees of the corporate principal’s obligation, acted to exonerate Winnebago’s duty to repurchase the…”
Am. Guar. Corp. v. Stoody, 230 Cal. App. 2d 390 (Cal. Ct. App. 1964). “” Civil Code section 2849 provides that, “A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor .”
Massachusetts Bonding & Ins. v. Osborne, 233 Cal. App. 2d 648 (Cal. Ct. App. 1965). “) ” In addition to the duty to exercise good faith and not to alter the indemnity agreement, Civil Code section 2849, hereinbefore quoted, imposes a further duty in regard to security *663 which comes into the possession of a creditor.”
RLI Ins. v. Bank of Am. CA3 (Cal. Ct. App. 2013). “Civil Code section 2849 does not give RLI a right to recover restitution from the Bank.”
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