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 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 to permit an amendment in the interest of justice. The affidavit of the direct contractor shall be deemed controverted by the counteraffidavit of the claimant, and both shall be received in evidence.
(b) At the hearing, the direct contractor has the burden of proof.
Notes
Establishes the direct contractor’s affidavit and claimant’s counteraffidavit as the pleadings in the summary proceeding, subject to court-authorized amendment in the interest of justice, and admits both as evidence with the affidavit deemed controverted. Places the burden of proof at the hearing on the direct contractor.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 9410 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-6/title-3/chapter-4/article-2/section-9410