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Civil Code - CIV - CIV § 8811
Civil Code - CIV - CIV § 8811
(a) This section is applicable to a contract relating to a private work of improvement entered into on or after January 1, 2026. (b) (1) (A) A retention payment withheld from a payment by an owner from the direct contractor, by the direct contractor from any subcontractor, and by
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Civil Code - CIV - CIV § 8812
Civil Code - CIV - CIV § 8812
(a) If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay the retention to the contractor. (b) If part of a work of improvement ultimately will become the property of a public entity, the owner
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Civil Code - CIV - CIV § 8814
Civil Code - CIV - CIV § 8814
(a) If a direct contractor has withheld a retention from one or more subcontractors, the direct contractor shall, within 10 days after receiving all or part of a retention payment, pay to each subcontractor from whom retention has been withheld that subcontractor’s share of the p
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Civil Code - CIV - CIV § 8816
Civil Code - CIV - CIV § 8816
(a) If the direct contractor gives the owner, or a subcontractor gives the direct contractor, notice that work in dispute has been completed in accordance with the contract, the owner or direct contractor shall within 10 days give notice advising the notifying party of the accept
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Civil Code - CIV - CIV § 8818
Civil Code - CIV - CIV § 8818
If an owner or direct contractor does not make a retention payment within the time required by this article: (a) The owner or direct contractor is liable to the person to which payment is owed for a penalty of 2 percent per month on the amount wrongfully withheld, in place of any
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Civil Code - CIV - CIV § 882.020
Civil Code - CIV - CIV § 882.020
(a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien expires at, and is not enforceable by action for foreclosu
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Civil Code - CIV - CIV § 882.030
Civil Code - CIV - CIV § 882.030
Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien unenforceable by any means commenced or asserted thereafter and is equivalent for all purposes to a certificate of satisfaction, reconvey
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Civil Code - CIV - CIV § 882.040
Civil Code - CIV - CIV § 882.040
(a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all mortgages, deeds of trust, and other instruments that create a security interest in real property to secure a deb
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Civil Code - CIV - CIV § 8820
Civil Code - CIV - CIV § 8820
It is against public policy to waive the provisions of this article by contract.
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Civil Code - CIV - CIV § 8822
Civil Code - CIV - CIV § 8822
This article does not apply to a retention payment withheld by a lender pursuant to a construction loan agreement.
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Civil Code - CIV - CIV § 883.110
Civil Code - CIV - CIV § 883.110
As used in this chapter, “mineral right” means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold,
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Civil Code - CIV - CIV § 883.120
Civil Code - CIV - CIV § 883.120
(a) This chapter does not apply to a mineral right reserved to the United States (whether in a patent, pursuant to federal law, or otherwise) or to an oil or gas lease, mining claim, or other mineral right of a person entitled pursuant thereto, to the extent provided in Section 8
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Civil Code - CIV - CIV § 883.130
Civil Code - CIV - CIV § 883.130
Nothing in this chapter limits or affects the common law governing abandonment of a mineral right or any other procedure provided by statute for clearing an abandoned mineral right from title to real property.
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Civil Code - CIV - CIV § 883.140
Civil Code - CIV - CIV § 883.140
(a) As used in this section: (1) “Lessee” includes an assignee or other successor in interest of the lessee. (2) “Lessor” includes a successor in interest or heir or grantee of the lessor. (b) If the term of a mineral right lease has expired or a mineral right lease has been aban
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Civil Code - CIV - CIV § 883.210
Civil Code - CIV - CIV § 883.210
The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is dormant.
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Civil Code - CIV - CIV § 883.220
Civil Code - CIV - CIV § 883.220
For the purpose of this article, a mineral right is dormant if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to terminate the mineral right: (a) There is no production of the minerals and no exploration, dr
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Civil Code - CIV - CIV § 883.230
Civil Code - CIV - CIV § 883.230
(a) An owner of a mineral right may at any time record a notice of intent to preserve the mineral right. (b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the mineral rights claimed as otherwise r
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Civil Code - CIV - CIV § 883.240
Civil Code - CIV - CIV § 883.240
(a) An action to terminate a mineral right pursuant to this article shall be brought in the superior court of the county in which the real property subject to the mineral right is located. (b) The action shall be brought in the same manner and shall be subject to the same procedu
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Civil Code - CIV - CIV § 883.250
Civil Code - CIV - CIV § 883.250
In an action to terminate a mineral right pursuant to this article, the court shall permit the owner of the mineral right to record a late notice of intent to preserve the mineral right as a condition of dismissal of the action, upon payment into court for the benefit of the owne
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Civil Code - CIV - CIV § 883.260
Civil Code - CIV - CIV § 883.260
A mineral right terminated pursuant to this article is unenforceable and is deemed to have expired. A court order terminating a mineral right pursuant to this article is equivalent for all purposes to a conveyance of the mineral right to the owner of the real property.
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Civil Code - CIV - CIV § 883.270
Civil Code - CIV - CIV § 883.270
Subject to Section 880.370 (grace period for recording notice), this article applies to all mineral rights, whether executed or recorded before, on, or after January 1, 1985.
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Civil Code - CIV - CIV § 8830
Civil Code - CIV - CIV § 8830
“Stop work notice” means notice given under this article by a direct contractor to an owner that the contractor will stop work if the amount owed the contractor is not paid within 10 days after notice is given.
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Civil Code - CIV - CIV § 8832
Civil Code - CIV - CIV § 8832
If a direct contractor is not paid the amount due pursuant to a written contract within 35 days after the date payment is due under the contract, and there is no dispute as to the satisfactory performance of the contractor, the contractor may give the owner a stop work notice. Th
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Civil Code - CIV - CIV § 8834
Civil Code - CIV - CIV § 8834
A direct contractor that gives an owner a stop work notice shall give the following additional notice: (a) At least five days before giving the stop work notice, the contractor shall post notice of intent to give a stop work notice. The notice shall comply with the requirements o
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Civil Code - CIV - CIV § 8836
Civil Code - CIV - CIV § 8836
Within five days after receipt of a stop work notice from a direct contractor, the owner shall give a copy of the notice to the construction lender, if any. The copy of the notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Ti