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Civil Code - CIV - CIV § 848

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 848

(a) Except as provided in subdivision (c), the owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice prior to the first entry to the owner of the real property who is listed as the assessee on the current local assessment roll or to

Civil Code - CIV - CIV § 8480

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8480

(a) The owner of property or the owner of any interest in property subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 846

Civil Code - CIV - CIV § 8482

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8482

An owner of property may not petition the court for a release order under this article unless at least 10 days before filing the petition the owner gives the claimant notice demanding that the claimant execute and record a release of the claim of lien. The notice shall comply wit

Civil Code - CIV - CIV § 8484

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8484

A petition for a release order shall be verified and shall allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. (b) The county in which the claim of lien is recorded. (c) The book a

Civil Code - CIV - CIV § 8486

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8486

(a) On the filing of a petition for a release order, the clerk shall set a hearing date. The date shall be not more than 30 days after the filing of the petition. The court may continue the hearing only on a showing of good cause, but in any event the court shall rule and make an

Civil Code - CIV - CIV § 8488

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8488

(a) At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed controverted by the claimant. The petitioner has the initial burden of producing evidence on those matters. The petitioner has th

Civil Code - CIV - CIV § 8490

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8490

(a) A court order dismissing a cause of action to enforce a lien or releasing property from a claim of lien, or a judgment that no lien exists, shall include all of the following information: (1) The date of recordation of the claim of lien. (2) The county in which the claim of l

Civil Code - CIV - CIV § 8494

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8494

If a claim of lien expires and is unenforceable under Section 8460, or if a court order or judgment is recorded under Section 8490, the claim of lien does not constitute actual or constructive notice of any of the matters contained, claimed, alleged, or contended in the claim of

Civil Code - CIV - CIV § 85

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 85

On or after January 1, 1981, no grantor or dealer, directly or indirectly, shall refuse to make or to consent to an assignment, sale, transfer, or bequest of a dealership to any person, or to the intestate succession to the dealership by any person, because of any characteristic

Civil Code - CIV - CIV § 850

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 850

The definitions set forth in Section 25260 of the Health and Safety Code govern the construction of this chapter. In addition, the following definitions apply for purposes of this chapter only: (a) “Actual awareness” means actual knowledge of a fact pertaining to an obligation un

Civil Code - CIV - CIV § 8500

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8500

The rights of all persons furnishing work for any work of improvement, with respect to any fund for payment of construction costs, are governed exclusively by this chapter, and no person may assert any legal or equitable right with respect to the fund, other than a right created

Civil Code - CIV - CIV § 8502

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8502

(a) A stop payment notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall be signed and verified by the claimant. (b) The notice shall include a general description of work to be provided, and an estimate of the total amount in

Civil Code - CIV - CIV § 8504

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8504

A claimant that willfully gives a false stop payment notice or that willfully includes in the notice a demand to withhold for work that has not been provided forfeits all right to participate in the distribution of the funds withheld and all right to a lien under Chapter 4 (comme

Civil Code - CIV - CIV § 8506

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8506

(a) A stop payment notice to an owner shall be given to the owner or to the owner’s architect, if any. (b) A stop payment notice to a construction lender holding construction funds shall not be effective unless given to the manager or other responsible officer or person at the of

Civil Code - CIV - CIV § 8508

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8508

A stop payment notice is not valid unless both of the following conditions are satisfied: (a) The claimant gave preliminary notice to the extent required by Chapter 2 (commencing with Section 8200). (b) The claimant gave the stop payment notice before expiration of the time withi

Civil Code - CIV - CIV § 851

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 851

(a) An owner of a site who has actual awareness of a release exceeding the notification threshold shall take all reasonable steps as defined in subdivision (j) of Section 850 to expeditiously identify the potentially responsible parties. The owner shall, as soon as reasonably pos

Civil Code - CIV - CIV § 8510

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8510

(a) A person may obtain release of funds withheld pursuant to a stop payment notice by giving the person withholding the funds a release bond. (b) A release bond shall be given by an admitted surety insurer and shall be conditioned for payment of any amount not exceeding the pena

Civil Code - CIV - CIV § 852

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 852

(a) Within 45 days after issuance of the commitment statement, the owner may transmit to the notice recipient by certified mail, return receipt requested, an executed copy of the commitment statement, indicating its acceptance. If the owner does not execute the commitment stateme

Civil Code - CIV - CIV § 8520

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8520

(a) A person that has a lien right under Chapter 4 (commencing with Section 8400), other than a direct contractor, may give the owner a stop payment notice. (b) The owner may give notice, in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1,

Civil Code - CIV - CIV § 8522

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8522

(a) Except as provided in subdivision (b), on receipt of a stop payment notice an owner shall withhold from the direct contractor or from any person acting under authority of a direct contractor a sufficient amount due or to become due to the direct contractor to pay the claim st

Civil Code - CIV - CIV § 853

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 853

(a) Neither the failure to issue a commitment statement nor its issuance shall be construed as an admission that the recipient of the notice of potential liability is liable under any federal, state, or local law, including common law, for the release that the party agrees to inv

Civil Code - CIV - CIV § 8530

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8530

A person that has a lien right under Chapter 4 (commencing with Section 8400) may give a construction lender a stop payment notice.

Civil Code - CIV - CIV § 8532

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8532

A claimant may give a construction lender a stop payment notice accompanied by a bond in an amount equal to 125 percent of the amount of the claim. The bond shall be conditioned that if the defendant recovers judgment in an action to enforce payment of the claim stated in the sto

Civil Code - CIV - CIV § 8534

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8534

(a) A construction lender that objects to the sufficiency of sureties on the bond given with a bonded stop payment notice shall give notice to the claimant of the objection, within 20 days after the bonded stop payment notice is given. The notice shall comply with the requirement

Civil Code - CIV - CIV § 8536

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8536

(a) Except as provided in subdivision (b), on receipt of a stop payment notice a construction lender shall withhold from the borrower or other person to whom the lender or the owner is obligated to make payments or advancement out of the construction fund sufficient funds to pay