National Technical Systems v. Commercial Contractors, Inc

In National Technical Systems v. Commercial Contractors, Inc. (2001) 89 Cal. App. 4th 1000, the Court affirmed the order denying NTS's motion for summary enforcement of the judgment. Because the issuance of the stop notice release bond preceded the filing of the lawsuit, the bond was not "given in an action or proceeding," and hence, the summary enforcement procedure of section 996.440 was inapplicable. Instead, because the bond preceded the lawsuit, the surety had a right to be joined as a party and to defend the action. ( 996.430.) NTS's failure to join UPIC as a party to the action barred NTS from summarily enforcing the judgment against UPIC. Therefore, NTS would have to litigate the liability on the bond as against UPIC. (National Technical Systems, supra, 89 Cal. App. 4th at p. 1011.)