Does a general rule releasing a surety if the promisee does not proceed first against the principal?
MultiRegion, United States of America
The following excerpt is from Pajaro Dunes Rental Agency, Inc., In re, 46 F.3d 1143 (9th Cir. 1994):
Spitters next argues that the general rule releasing a surety if the promisee does not proceed first against the principal entitles Spitters to relief from the one-action rule. This case does not appear to involve a surety. Even if it did, the proposition urged by Spitters was rejected by Commercial Bank v. Kershner, 52 P. 848 (Cal. 1898). That case holds that a surety in California is "charged with knowledge" of the one-action rule. Id. at 850.
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