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Civil Code - CIV - CIV § 8432

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8432

(a) A lien does not extend to work, whether or not the work is authorized by a direct contractor or subcontractor, if the work is not included in a direct contract or a modification of that contract, and the claimant had actual knowledge or constructive notice of the provisions o

Civil Code - CIV - CIV § 8434

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8434

A direct contractor or a subcontractor may enforce a lien only for the amount due pursuant to that contractor’s contract after deducting all lien claims of other claimants for work provided and embraced within that contract.

Civil Code - CIV - CIV § 8440

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8440

Subject to Section 8442, a lien attaches to the work of improvement and to the real property on which the work of improvement is situated, including as much space about the work of improvement as is required for the convenient use and occupation of the work of improvement.

Civil Code - CIV - CIV § 8442

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8442

The following interests in real property to which a lien attaches are subject to the lien: (a) The interest of a person that contracted for the work of improvement. (b) The interest of a person that did not contract for the work of improvement, if work for which the lien is claim

Civil Code - CIV - CIV § 8444

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8444

(a) An owner of real property or a person claiming an interest in real property on which a work of improvement is situated that did not contract for the work of improvement may give notice of nonresponsibility. (b) A notice of nonresponsibility shall be signed and verified by the

Civil Code - CIV - CIV § 8446

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8446

A claimant may record one claim of lien on two or more works of improvement, subject to the following conditions: (a) The works of improvement have or are reputed to have the same owner, or the work was contracted for by the same person for the works of improvement whether or not

Civil Code - CIV - CIV § 8448

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8448

(a) As used in this section, “separate residential unit” means one residential structure, including a residential structure containing multiple condominium units, together with any common area, garage, or other appurtenant improvements. (b) If a work of improvement consists of th

Civil Code - CIV - CIV § 845

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 845

(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair. (b) If the easement is owned by more than one person, or is attached to parcels of land under different ownership, the cost o

Civil Code - CIV - CIV § 8450

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8450

(a) A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that (1) attaches after commencemen

Civil Code - CIV - CIV § 8452

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8452

A mortgage or deed of trust, otherwise subordinate to a lien under Section 8450, has priority over a lien for work provided after recordation of a payment bond that satisfies all of the following requirements: (a) The bond refers to the mortgage or deed of trust. (b) The bond is

Civil Code - CIV - CIV § 8454

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8454

If a site improvement is provided for in a direct contract separate from the direct contract for the remainder of the work of improvement, the site improvement is deemed a separate work of improvement and commencement of the site improvement is not commencement of the remainder o

Civil Code - CIV - CIV § 8456

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8456

(a) This section applies to a construction loan secured by a mortgage or deed of trust that has priority over a lien under this chapter. (b) An optional advance of funds by the construction lender that is used for construction costs has the same priority as a mandatory advance of

Civil Code - CIV - CIV § 8458

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8458

(a) Except as provided in subdivision (b), a lien provided for in Section 8402 has priority over: (1) A mortgage, deed of trust, or other encumbrance that attaches after commencement of the site improvement. (2) A mortgage, deed of trust, or other encumbrance that was unrecorded

Civil Code - CIV - CIV § 846

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 846

(a) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or a

Civil Code - CIV - CIV § 846.1

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 846.1

(a) Except as provided in subdivision (c), an owner of any estate or interest in real property, whether possessory or nonpossessory, who gives permission to the public for entry on or use of the real property pursuant to an agreement with a public or nonprofit agency for purposes

Civil Code - CIV - CIV § 846.2

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 846.2

No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who has been expressly invited on that land or premises to glean agricultural or farm products for charitable purposes, unless that person’s injuries were caused by

Civil Code - CIV - CIV § 846.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 846.5

(a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice land surveying and it shall be the responsibility of the owner or tenant who owns or controls property to pro

Civil Code - CIV - CIV § 8460

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8460

(a) The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable. (b) Subdivision (a) does not apply

Civil Code - CIV - CIV § 8461

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8461

After commencement of an action to enforce a lien, the plaintiff shall record in the office of the county recorder of the county, or of the several counties in which the property is situated, a notice of the pendency of the action, as provided in Title 4.5 (commencing with Sectio

Civil Code - CIV - CIV § 8462

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8462

Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce a lien is not brought to trial within two years after commencement of the action, the court may in its discretion dismiss the action for want of prosecution.

Civil Code - CIV - CIV § 8464

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8464

In addition to any other costs allowed by law, the court in an action to enforce a lien shall allow as costs to each claimant whose lien is established the amount paid to verify and record the claim of lien, whether the claimant is a plaintiff or defendant.

Civil Code - CIV - CIV § 8466

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8466

If there is a deficiency of proceeds from the sale of property on a judgment for enforcement of a lien, a deficiency judgment may be entered against a party personally liable for the deficiency in the same manner and with the same effect as in an action to foreclose a mortgage.

Civil Code - CIV - CIV § 8468

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8468

(a) This chapter does not affect any of the following rights of a claimant: (1) The right to maintain a personal action to recover a debt against the person liable, either in a separate action or in an action to enforce a lien. (2) The right to a writ of attachment. In an applica

Civil Code - CIV - CIV § 847

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 847

(a) An owner, including, but not limited to, a public entity, as defined in Section 811.2 of the Government Code, of any estate or any other interest in real property, whether possessory or nonpossessory, shall not be liable to any person for any injury or death that occurs upon

Civil Code - CIV - CIV § 8470

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8470

In an action to enforce a lien for work provided to a contractor: (a) The contractor shall defend the action at the contractor’s own expense. During the pendency of the action the owner may withhold from the direct contractor the amount of the lien claim. (b) If the judgment in t