California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 3 — Public Work of Improvement, Chapter 4 — Stop Payment Notice, 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 of the following grounds:
(a) The claim on which the notice is based is not a type for which a stop payment notice is authorized under this chapter.
(b) The claimant is not a person authorized under Section 9100 to give a stop payment notice.
(c) The amount of the claim stated in the stop payment notice is excessive.
(d) There is no basis for the claim stated in the stop payment notice.
Notes
Allows a direct contractor to seek summary release of funds withheld under a stop payment notice when the claim is unauthorized for that remedy, the claimant lacks statutory authority, the amount is excessive, or the stated claim has no basis. The summary proceeding is available on any of those listed grounds.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 9400 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-6/title-3/chapter-4/article-2/section-9400