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Civil Code - CIV - CIV § 9404

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9404

The public entity shall serve on the claimant a copy of the direct contractor’s affidavit, together with a notice stating that the public entity will release the funds withheld, or the portion of the funds demanded, unless the claimant serves on the public entity a counteraffidav

Civil Code - CIV - CIV § 9406

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9406

(a) A claimant that contests the direct contractor’s affidavit shall serve on the public entity a counteraffidavit alleging the details of the claim and describing the specific basis on which the claimant contests or rebuts the allegations of the contractor’s affidavit. The count

Civil Code - CIV - CIV § 9408

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9408

(a) If a counteraffidavit, together with proof of service, is served under Section 9406, either the direct contractor or the claimant may commence an action for a declaration of the rights of the parties. (b) After commencement of the action, either the direct contractor or the c

Civil Code - CIV - CIV § 941

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 941

(a) Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion. (b) As used in this section, “ac

Civil Code - CIV - CIV § 9410

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9410

(a) The affidavit and counteraffidavit shall be filed with the court by the public entity and shall constitute the pleadings, subject to the power of the court to permit an amendment in the interest of justice. The affidavit of the direct contractor shall be deemed controverted b

Civil Code - CIV - CIV § 9412

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9412

(a) No findings are required in a summary proceeding under this article. (b) If at the hearing no evidence other than the affidavit and counteraffidavit is offered, the court may, if satisfied that sufficient facts are shown, make a determination on the basis of the affidavit and

Civil Code - CIV - CIV § 9414

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9414

A determination in a summary proceeding under this article is not res judicata with respect to a right of action by the claimant against either the principal or surety on a payment bond or with respect to a right of action against a party personally liable to the claimant.

Civil Code - CIV - CIV § 942

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 942

In order to make a claim for violation of the standards set forth in Chapter 2 (commencing with Section 896), a homeowner need only demonstrate, in accordance with the applicable evidentiary standard, that the home does not meet the applicable standard, subject to the affirmative

Civil Code - CIV - CIV § 943

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 943

(a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under this title, this title does not apply to any action by a claimant to enforce a contract or exp

Civil Code - CIV - CIV § 944

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 944

If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost

Civil Code - CIV - CIV § 945

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 945

The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For purposes of this title, associations and others having the rights set forth in Sections 5980 and 5985 shall be considered to b

Civil Code - CIV - CIV § 945.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 945.5

A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liabi

Civil Code - CIV - CIV § 9450

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9450

If funds withheld pursuant to a stop payment notice are insufficient to pay in full the claims of all persons who have given a stop payment notice, the funds shall be distributed among the claimants in the ratio that the claim of each bears to the aggregate of all claims for whic

Civil Code - CIV - CIV § 9452

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9452

Nothing in this chapter impairs the right of a claimant to recover from the direct contractor or the contractor’s sureties in an action on a payment bond under Chapter 5 (commencing with Section 9550) any deficit that remains unpaid after the distribution under Section 9450.

Civil Code - CIV - CIV § 9454

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9454

A person that willfully gives a false stop payment notice to the public entity or that willfully includes in the notice work not provided for the public works contract for which the stop payment notice is given forfeits all right to participate in the distribution under Section 9

Civil Code - CIV - CIV § 9456

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9456

(a) A stop payment notice takes priority over an assignment by a direct contractor of any amount due or to become due pursuant to a public works contract, including contract changes, whether made before or after the giving of a stop payment notice, and the assignment has no effec

Civil Code - CIV - CIV § 946

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 946

If there is no law to the contrary, in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile.

Civil Code - CIV - CIV § 9500

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9500

(a) A claimant may not enforce payment of the claim stated in a stop payment notice unless the claimant has complied with all of the following conditions: (1) The claimant has given preliminary notice to the extent required by Chapter 3 (commencing with Section 9300). (2) The cla

Civil Code - CIV - CIV § 9502

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9502

(a) The claimant shall commence an action against the public entity and the direct contractor to enforce payment of the claim stated in a stop payment notice at any time after 10 days from the date the claimant gives the stop payment notice. (b) The claimant shall commence an act

Civil Code - CIV - CIV § 9504

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9504

Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice of commencement of the action to the public entity in the same manner that a stop payment notice is given.

Civil Code - CIV - CIV § 9506

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9506

If more than one claimant has given a stop payment notice: (a) Any number of claimants may join in the same enforcement action. (b) If claimants commence separate actions, the court that first acquires jurisdiction may order the actions consolidated. (c) On request of the public

Civil Code - CIV - CIV § 9508

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9508

Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce payment of the claim stated in a stop payment notice 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 p

Civil Code - CIV - CIV § 9510

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 9510

A stop payment notice ceases to be effective, and the public entity shall release funds withheld, in either of the following circumstances: (a) An action to enforce payment of the claim stated in the stop payment notice is dismissed, unless expressly stated to be without prejudic

Civil Code - CIV - CIV § 954

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 954

A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner.

Civil Code - CIV - CIV § 954.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 954.5

(a) Subject to subdivisions (b) and (c), a transfer of a right represented by a judgment excluded from coverage of Division 9 of the Commercial Code by paragraph (9) of subdivision (d) of Section 9109 of the Commercial Code shall be deemed perfected as against third persons upon