California Civil Code ARTICLE 2 - Summary Proceeding for Release of Funds

• Section 9400.
  A direct contractor may obtain release of funds withheld pursuant to a stop payment notice under the summary proceeding provided in this article on any...
• Section 9402.
  The direct contractor shall serve on the public entity an affidavit, together with a copy of the affidavit, in compliance with the requirements of Chapter...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018