ARTICLE 2. Summary Proceeding for Release of Funds [9400. - 9414.]

Article 2 added by Stats. 2010, Ch. 697, Sec. 20.

§§ 9400–9414 · 8 sections

• § 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 of the…
• § 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 2…
• § 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…
• § 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…
• § 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…
• § 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…
• § 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…
• § 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…