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Civil Code - CIV - CIV § 8838
Civil Code - CIV - CIV § 8838
(a) The direct contractor or the direct contractor’s surety, or a subcontractor or a subcontractor’s surety, is not liable for delay or damage that the owner or a contractor of a subcontractor may suffer as a result of the direct contractor giving a stop work notice and subsequen
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Civil Code - CIV - CIV § 884.010
Civil Code - CIV - CIV § 884.010
If a recorded instrument creates or gives constructive notice of an option to purchase real property, the option expires of record if no conveyance, contract, or other instrument that gives notice of exercise or extends the option is recorded within the following times: (a) If th
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Civil Code - CIV - CIV § 884.020
Civil Code - CIV - CIV § 884.020
Upon the expiration of record of an option to purchase real property, the recorded instrument that creates or gives constructive notice of the option ceases to be notice to any person or to put any person on inquiry with respect to the exercise or existence of the option or of an
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Civil Code - CIV - CIV § 884.030
Civil Code - CIV - CIV § 884.030
(a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded instruments that create or give constructive notice of options to purchase real property, whether executed or recorded before, on, or after the operative date. (b) This ch
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Civil Code - CIV - CIV § 8840
Civil Code - CIV - CIV § 8840
On resolution of the claim in the stop work notice or the direct contractor’s cancellation of the stop work notice, the contractor shall post, and give subcontractors with whom the contractor has a direct contractual relationship on the work of improvement, notice of the resoluti
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Civil Code - CIV - CIV § 8842
Civil Code - CIV - CIV § 8842
A direct contractor’s right to stop work under this article is in addition to other rights the direct contractor may have under the law.
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Civil Code - CIV - CIV § 8844
Civil Code - CIV - CIV § 8844
(a) If payment of the amount claimed is not made within 10 days after a stop work notice is given, the direct contractor, the direct contractor’s surety, or an owner may in an expedited proceeding in the superior court in the county in which the private work of improvement is loc
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Civil Code - CIV - CIV § 8846
Civil Code - CIV - CIV § 8846
It is against public policy to waive the provisions of this article by contract.
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Civil Code - CIV - CIV § 8848
Civil Code - CIV - CIV § 8848
(a) This article applies to a contract entered into on or after January 1, 1999. (b) This article does not apply to a retention withheld by a lender pursuant to a construction loan agreement.
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Civil Code - CIV - CIV § 885.010
Civil Code - CIV - CIV § 885.010
(a) As used in this chapter: (1) “Power of termination” means the power to terminate a fee simple estate in real property to enforce a restriction in the form of a condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument
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Civil Code - CIV - CIV § 885.015
Civil Code - CIV - CIV § 885.015
This chapter does not apply to any of the following: (a) A power of termination conditioned upon the continued production or removal of oil or gas or other minerals. (b) A power of termination as to separately owned improvements or fixtures conditioned upon the continued leasehol
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Civil Code - CIV - CIV § 885.020
Civil Code - CIV - CIV § 885.020
Fees simple determinable and possibilities of reverter are abolished. Every estate that would be at common law a fee simple determinable is deemed to be a fee simple subject to a restriction in the form of a condition subsequent. Every interest that would be at common law a possi
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Civil Code - CIV - CIV § 885.030
Civil Code - CIV - CIV § 885.030
(a) A power of termination of record expires at the later of the following times: (1) Thirty years after the date the instrument reserving, transferring, or otherwise evidencing the power of termination is recorded. (2) Thirty years after the date a notice of intent to preserve t
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Civil Code - CIV - CIV § 885.040
Civil Code - CIV - CIV § 885.040
(a) If a power of termination becomes obsolete, the power expires. (b) As used in this section, a power of termination is obsolete if any of the following circumstances applies: (1) The restriction to which the fee simple estate is subject is of no actual and substantial benefit
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Civil Code - CIV - CIV § 885.050
Civil Code - CIV - CIV § 885.050
A power of termination shall be exercised only by notice or by civil action and, if the power of termination is of record, the exercise shall be of record. The notice shall be given, and any civil action shall be commenced, within five years after breach of the restriction to whi
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Civil Code - CIV - CIV § 885.060
Civil Code - CIV - CIV § 885.060
(a) Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of the power of record and a quitclaim of the power to the owner of the fee simple estate, and execution and recording of a terminat
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Civil Code - CIV - CIV § 885.070
Civil Code - CIV - CIV § 885.070
(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 powers of termination, whether executed or recorded before, on, or after the operative date. (b) If breach of the
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Civil Code - CIV - CIV § 8850
Civil Code - CIV - CIV § 8850
(a) The Legislature finds and declares all of the following: (1) It is in the best interests of the state and its citizens to ensure that all construction business performed on a private works project in the state that is complete and not in dispute is paid in full and in a timel
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Civil Code - CIV - CIV § 8851
Civil Code - CIV - CIV § 8851
This article shall remain in effect only until January 1, 2030, and as of that date is repealed.
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Civil Code - CIV - CIV § 886.010
Civil Code - CIV - CIV § 886.010
As used in this chapter: (a) “Contract for sale of real property” means an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which requires conveyance of title within on
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Civil Code - CIV - CIV § 886.020
Civil Code - CIV - CIV § 886.020
If the party to whom title to real property is to be conveyed pursuant to a recorded contract for the sale of real property fails to satisfy the specified conditions set forth in the contract and does not seek performance of the contract or restitution of amounts paid under the c
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Civil Code - CIV - CIV § 886.030
Civil Code - CIV - CIV § 886.030
(a) Except as otherwise provided in this section, a recorded contract for sale of real property expires of record at the later of the following times: (1) Five years after the date for conveyance of title provided in the contract or, if no date for conveyance of title is provided
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Civil Code - CIV - CIV § 886.040
Civil Code - CIV - CIV § 886.040
Upon the expiration of record of a recorded contract for sale of real property pursuant to this chapter, the contract has no effect, and does not constitute an encumbrance or cloud, on the title to the real property as against a person other than a party to the contract.
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Civil Code - CIV - CIV § 886.050
Civil Code - CIV - CIV § 886.050
(a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded contracts for sale of real property, whether recorded before, on, or after the operative date. (b) This chapter shall not cause a recorded contract for sale of real proper
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Civil Code - CIV - CIV § 887.010
Civil Code - CIV - CIV § 887.010
As used in this chapter, “easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land.