California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 5 — Stop Payment Notice, Article 1 — General Provisions, Section 8510

(a) A person may obtain release of funds withheld pursuant to a stop payment notice by giving the person withholding the funds a release bond.

(b) A release bond shall be given by an admitted surety insurer and shall be conditioned for payment of any amount not exceeding the penal obligation of the bond that the claimant recovers on the claim, together with costs of suit awarded in the action. The bond shall be in an amount equal to 125 percent of the amount claimed in the stop payment notice.

(c) On receipt of a release bond, the person withholding funds pursuant to the stop payment notice shall release them.

Notes

Allows release of funds withheld under a stop payment notice through a bond from an admitted surety insurer equal to 125 percent of the amount claimed. Requires the bond to cover the claimant’s recovery and awarded suit costs up to its penal amount, and requires the withholding person to release funds upon receipt.

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