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California Law (Last Updated: March 4, 2014) |
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Civil Code - CIV |
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Division 4. GENERAL PROVISIONS |
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Part 6. WORKS OF IMPROVEMENT |
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Title 3. PUBLIC WORK OF IMPROVEMENT |
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Chapter 4. Stop Payment Notice |
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ARTICLE 2. Summary Proceeding for Release of Funds |
Section 9412.
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(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 counteraffidavit. If the court is not satisfied that sufficient facts are shown, the court shall order the hearing continued for production of other evidence, oral or documentary, or the filing of other affidavits and counteraffidavits.
(c) At the conclusion of the hearing, the court shall make an order determining whether the demand for release is allowed. The court's order is determinative of the right of the claimant to have funds further withheld by the public entity.
(d) The direct contractor shall serve a copy of the court's order on the public entity in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.