Lewin v. Anselmo

In Lewin v. Anselmo (1997) 56 Cal.App.4th 694, two individuals agreed to give a personal surety bond to stay enforcement of a judgment pending the defendants' appeal, but the agreement gave the sureties 15 days to rescind. The sureties rescinded within the 15-day period, and the judgment was then affirmed on appeal. The plaintiff, who had not been informed about the 15-day rescission period, made a motion to enforce the personal sureties' liability. The trial court ruled in favor of the sureties, and the plaintiff appealed. The Court of Appeal reversed, holding that the 15-day rescission period had to be disregarded because, if enforced, it could prevent the bond from taking effect for 15 days, in violation of the statutory directive that: '"a bond is effective at the time it is given.'" The court also invalidated the 15-day rescission period because it conflicted with Code of Civil Procedure Section 996.110, which requires a court determination to release any surety from liability on a bond, noting: 'These statutory procedures are more than mere formalities. . . . As the sureties did not comply with these procedures, . . . they were not released from liability on their bond. . .