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 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 (commencing with Section 8100) of Title 1, that includes all of the following information:

(a) An allegation of the grounds for release of the funds and a statement of the facts supporting the allegation.

(b) A demand for the release of all or the portion of the funds that are alleged to be withheld improperly or in an excessive amount.

(c) A statement of the address of the contractor within the state for the purpose of permitting service by mail on the contractor of any notice or document.

Notes

Requires a direct contractor seeking release of withheld funds to serve the public entity a compliant affidavit and copy stating the grounds and supporting facts, demanding release of all or part of the allegedly improper or excessive withholding, and providing the contractor’s in-state address for mailed service of notices or documents.

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