Civil Code — Part 19 | CIV — United States — California law | Esheria

Civil Code

Part 19 of 20 · provisions 3,601–3,800

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

Showing 200 of 3,922

  1. 8184.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    The recorder must accept a properly verified notice of completion for recording, and the notice counts as duly recorded without acknowledgment.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8184. A notice of completion in otherwise proper form, verified and containing the information required by this title, shall be accepted by the recorder for recording and is deemed duly recorded without acknowledgment. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  2. 8186.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    When a work of improvement is done under two or more direct contracts, the owner may record a notice of completion for part of the work.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8186. If a work of improvement is made pursuant to two or more direct contracts, each covering a portion of the work of improvement: (a) The owner may record a notice of completion of a direct contract for a portion of the work of improvement. On recordation of the notice of completion, for the purpose of Sections 8412 and 8414, a direct contractor is deemed to have completed the contract for which the notice of completion is recorded and a claimant other than a direct contractor is deemed to have ceased providing work. (b) If the owner does not record a notice of completion under this section, the period for recording a claim of lien is that provided in Sections 8412 and 8414. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  3. 8188.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    An owner may record a notice of cessation if labor on the work of improvement has continuously stopped for at least 30 days and that stoppage continues through the recording date.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8188. (a) An owner may record a notice of cessation if there has been a continuous cessation of labor on a work of improvement for at least 30 days prior to the recordation that continues through the date of the recordation. (b) The notice shall be signed and verified by the owner. (c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall also include all of the following information: (1) The date on or about which labor ceased. (2) A statement that the cessation has continued until the recordation of the notice. (d) For the purpose of this section, “owner” means the owner who causes a building, improvement, or structure to be constructed, altered, or repaired, or that person’s successor in interest at the date a notice of cessation is recorded, whether the interest or estate of the owner be in fee, as vendee under a contract of purchase, as lessee, or other interest or estate less than the fee. Where the interest or estate is held by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of this section. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  4. 819.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    A tenant for years or at will may use the buildings, take annual crops, and work mines and quarries already open when the tenancy began, unless the tenant is a wrong-doer by holding over.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 819. A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy. (Enacted 1872.)
  5. 8190.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    An owner who records a notice of completion or cessation must give copies to the direct contractor and any claimant who gave preliminary notice within 10 days after the notice is filed for record.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [8160 - 8190] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Completion [8180 - 8190] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8190. (a) An owner that records a notice of completion or cessation shall, within 10 days of the date the notice of completion or cessation is filed for record, give a copy of the notice to all of the following persons: (1) A direct contractor. (2) A claimant that has given the owner preliminary notice. (b) The copy of the notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (c) If the owner fails to give notice to a person as required by subdivision (a), the notice is ineffective to shorten the time within which that person may record a claim of lien under Sections 8412 and 8414. The ineffectiveness of the notice is the sole liability of the owner for failure to give notice to a person under subdivision (a). (d) For the purpose of this section, “owner” means a person who has an interest in real property, or the person’s successor in interest on the date a notice of completion or notice of cessation is recorded, who causes a building, improvement, or structure, to be constructed, altered, or repaired on the property. If the property is owned by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of this section. However, this section does not apply to any of the following owners: (1) A person that occupies the real property as a personal residence, if the dwelling contains four or fewer residential units. (2) A person that has a security interest in the property. (3) A person that obtains an interest in the property pursuant to a transfer described in subdivision (b), (c), or (d) of Section 1102.2. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  6. 82.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. )

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    This part must be read and applied broadly to support its purposes, including barring discrimination in dealership transactions and preventing contract terms from changing the part’s requirements.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. ) ## 82. This part shall be liberally construed and applied to promote its underlying purposes and policies, which are as follows: (a) The prohibition of discrimination based upon any characteristic listed or defined in subdivision (b) or (e) of Section 51 in the granting, sale, transfer, bequest, termination, and nonrenewal of dealerships. (b) The requirements of this part shall not be varied by contract or agreement and any portion of a contract or agreement purporting to do so is void and unenforceable. (Amended by Stats. 2007, Ch. 568, Sec. 10. Effective January 1, 2008.)
  7. 820.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    A tenant for years or at will only has the property rights granted by the tenancy agreement, instrument, or the previous section.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 820. A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired, or by the last section. (Enacted 1872.)
  8. 8200.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    Before certain lien, stop-payment, or payment-bond claims, a claimant must give preliminary notice to specified parties, unless an exception applies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8200. (a) Except as otherwise provided by statute, before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond, a claimant shall give preliminary notice to the following persons: (1) The owner or reputed owner. (2) The direct contractor or reputed direct contractor to which the claimant provides work, either directly or through one or more subcontractors. (3) The construction lender or reputed construction lender, if any. (b) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (c) Compliance with this section is a necessary prerequisite to the validity of a lien claim or stop payment notice under this title. (d) Compliance with this section or with Section 8612 is a necessary prerequisite to the validity of a claim against a payment bond under this title. (e) Notwithstanding the foregoing subdivisions: (1) A laborer is not required to give preliminary notice. (2) A claimant with a direct contractual relationship with an owner or reputed owner is required to give preliminary notice only to the construction lender or reputed construction lender, if any. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  9. 8202.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    This section sets out what a preliminary notice must contain, and requires a person who records a notice of cessation or completion to send a copy of the notice of completion within 10 days, unless the person is a qualifying residential homeowner.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8202. (a) The preliminary notice shall comply with the requirements of Section 8102, and shall also include: (1) A general description of the work to be provided. (2) An estimate of the total price of the work provided and to be provided. (3) The following statement in boldface type: NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. (b) If preliminary notice is given by a subcontractor that has not paid all compensation due to a laborer, the notice shall include the name and address of the laborer and any person or entity described in subdivision (b) of Section 8024 to which payments are due. (c) If an invoice for material or certified payroll contains the information required by this section and Section 8102, a copy of the invoice or payroll, given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, is sufficient. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  10. 8204.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A claimant generally must give preliminary notice within 20 days after first furnishing work on a work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8204. (a) A preliminary notice shall be given not later than 20 days after the claimant has first furnished work on the work of improvement. If work has been provided by a claimant who did not give a preliminary notice, that claimant shall not be precluded from giving a preliminary notice at any time thereafter. The claimant shall, however, be entitled to record a lien, give a stop payment notice, and assert a claim against a payment bond only for work performed within 20 days prior to the service of the preliminary notice, and at any time thereafter. (b) A design professional who has furnished services for the design of the work of improvement and who gives a preliminary notice not later than 20 days after the work of improvement has commenced shall be deemed to have complied with Section 8200 with respect to the design services furnished, or to be furnished. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  11. 8206.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A claimant generally needs to give only one preliminary notice to each required recipient, unless subdivision (b) applies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8206. (a) Except as provided in subdivision (b), a claimant need give only one preliminary notice to each person to which notice must be given under this chapter with respect to all work provided by the claimant for a work of improvement. (b) If a claimant provides work pursuant to contracts with more than one subcontractor, the claimant shall give a separate preliminary notice with respect to work provided pursuant to each contract. (c) A preliminary notice that contains a general description of work provided by the claimant through the date of the notice also covers work provided by the claimant after the date of the notice whether or not they are within the scope of the general description contained in the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  12. 8208.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A direct contractor must provide specified owner and lender information to a person seeking to give preliminary notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8208. A direct contractor shall make available to any person seeking to give preliminary notice the following information: (a) The name and address of the owner. (b) The name and address of the construction lender, if any. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  13. 821.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    A transferee or devisee of real property with reserved rent, or a transferee of the rent, may use the same remedies the original grantor or devisor had.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 821. A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for non-performance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had. (Enacted 1872.)
  14. 8210.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    If construction loans are obtained after a work of improvement begins, the owner must notify each person who gave preliminary notice of the construction lender’s name and address.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8210. If one or more construction loans are obtained after commencement of a work of improvement, the owner shall give notice of the name and address of the construction lender or lenders to each person that has given the owner preliminary notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  15. 8212.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    An owner cannot validly waive the rights given by this chapter; any such agreement is void and unenforceable.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8212. An agreement made or entered into by an owner whereby the owner agrees to waive the rights conferred on the owner by this chapter is void and unenforceable. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  16. 8214.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    People who have served a preliminary notice may file it with the county recorder, and the recorder must mail notice and record the date when completion or cessation notices are recorded.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8214. (a) Each person who has served a preliminary notice may file the preliminary notice with the county recorder. A preliminary notice filed pursuant to this section shall comply with the requirements of Section 8102. (b) Upon the acceptance for recording of a notice of completion or notice of cessation the county recorder shall mail to those persons who have filed a preliminary notice, notification that a notice of completion or notice of cessation has been recorded on the property, and shall affix the date that the notice of completion or notice of cessation was recorded with the county recorder. The notification given by the county recorder under this section is not governed by the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (c) The failure of the county recorder to mail the notification to the person who filed a preliminary notice, or the failure of those persons to receive the notification or to receive complete notification, shall not affect the period within which a claim of lien is required to be recorded. However, the county recorder shall make a good faith effort to mail notification to those persons who have filed the preliminary notice under this section and to do so within five days after the recording of a notice of completion or notice of cessation. (d) The county recorder may cause to be destroyed all documents filed pursuant to this section, two years after the date of filing. (e) The preliminary notice that a person may file pursuant to this section is for the limited purpose of facilitating the mailing of notice by the county recorder of recorded notices of completion and notices of cessation. The notice that is filed is not a recordable document and shall not be entered into those official records of the county which by law impart constructive notice. Notwithstanding any other provision of law, the index maintained by the recorder of filed preliminary notices shall be separate and distinct from those indexes maintained by the county recorder of those official records of the county which by law impart constructive notice. The filing of a preliminary notice with the county recorder does not give rise to any actual or constructive notice with respect to any party of the existence or contents of a filed preliminary notice nor to any duty of inquiry on the part of any party as to the existence or contents of that notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  17. 8216.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A licensed subcontractor on a work of improvement must give the chapter’s notice when the subcontract is for more than $400; failing to do so can lead to disciplinary action.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Preliminary Notice [8200 - 8216] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8216. If the contract of any subcontractor on a particular work of improvement provides for payment to the subcontractor of more than four hundred dollars ($400), the failure of that subcontractor, licensed under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), to give the notice provided for in this chapter, constitutes grounds for disciplinary action under the Contractors’ State License Law. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  18. 822.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    A lessor can use against a lessee’s assignees the same remedies the lessor has against the immediate lessee, for lease breaches or recovery of possession, unless the assignment is only security for a loan and no possession is transferred.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 822. Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises. (Amended by Stats. 1905, Ch. 439.)
  19. 823.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    A lessee’s lease-breach remedies can also be enforced against the lessor’s assigns, and the lessee’s assigns can enforce them against the lessor and the lessor’s assigns, except for certain covenants about encumbrances, title, or possession.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 823. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against incumbrances or relating to the title or possession of the premises. (Enacted 1872.)
  20. 824.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    Rent due on a lease for life may be recovered in the same way as rent due on a lease for years.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 824. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. (Enacted 1872.)
  21. 825.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    Rent dependent on a person’s life may be recovered both before and after that person’s death.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 825. Rent dependent on the life of a person may be recovered after as well as before his death. (Enacted 1872.)
  22. 826.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    A person with a fee, remainder, or reversion interest may sue for injury to the inheritance, even if there is an intervening life or term estate or the person later transfers the estate.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 826. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action. (Enacted 1872.)
  23. 827.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. )

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    This section lets landlords change lease terms or raise rent for certain short-term tenancies only after written notice, with longer notice required for larger rent increases in qualified commercial tenancies.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Incidents of Ownership [818 - 827] ( Article 1 enacted 1872. ) ## 827. (a) (1) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days, but if that change takes effect within a rental term, the rent accruing from the first day of the term to the date of that change shall be computed at the rental rate obtained immediately prior to that change; provided, however, that it shall be competent for the parties to provide by an agreement in writing that a notice changing the terms thereof may be given at any time not less than seven days before the expiration of a term, to be effective upon the expiration of the term. (2) The notice, when served upon the tenant, shall in and of itself operate and be effectual to create and establish, as a part of the lease, the terms, rents, and conditions specified in the notice, if the tenant shall continue to hold the premises after the notice takes effect. (b) (1) In all leases of a residential dwelling, commercial real property by a qualified commercial tenant, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures: (A) By delivering a copy to the tenant personally. (B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure. (2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 30 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail. (3) (A) If the proposed rent increase for that tenant is greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 90 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail. (B) If the proposed rent increase for that tenant is caused by a change in a tenant’s income or family composition as determined by a recertification required by statute or regulation, the notice shall be delivered at least 30 days before the effective date of the increase as described in paragraph (2), and subparagraph (A) of this paragraph shall not apply. (4) A landlord of a commercial real property shall include in the notice information on the provisions of this subdivision. (5) In all leases for commercial real property by a qualified commercial tenant, a rent increase shall not be effective until the notice period required by this subdivision has expired. (6) Notwithstanding any other provision of law, a violation of this subdivision by a landlord of a commercial real property does not entitle a qualified commercial tenant to civil penalties. (7) For the purposes of this subdivision, the following definitions apply: (A) “Commercial real property” means all real property in this state, except dwelling units subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, mobilehomes as defined in Section 798.3, and recreational vehicles as defined in Section 799.29. (B) “Microenterprise” has the same meaning as that term is defined in subdivision (a) of Section 18000 of the Business and Professions Code. (C) “Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986. (D) “Qualified commercial tenant” means a tenant of commercial real property that meets both of the following requirements: (i) The tenant is a microenterprise, a restaurant with fewer than 10 employees, or a nonprofit organization with fewer than 20 employees. (ii) (I) Subject to subclause (II), the tenant has provided the landlord, within the previous 12 months, a written notice that the tenant is a qualified commercial tenant and a self-attestation regarding the number of employees, at such time the protections under this subdivision come into place. (II) Unless the tenancy is from week to week, month to month, or other period less than a month, the tenant provided the notice and self-attestation described in subclause (I) before or upon execution of the lease, and annually thereafter, at such time the protections under this subdivision come into place. (c) If a state or federal statute, state or federal regulation, recorded regulatory agreement, or contract provides for a longer period of notice regarding a rent increase than that provided in subdivision (a) or (b), the personal service or mailing of the notice shall be in accordance with the longer period. (Amended by Stats. 2024, Ch. 1015, Sec. 1. (SB 1103) Effective January 1, 2025.)
  24. 829.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. )

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    The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. ) ## 829. The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. (Enacted 1872.)
  25. 83.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. )

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    A grantor may not refuse to grant a dealership to a person because of protected characteristics listed in Section 51, if the conduct is on or after January 1, 1981.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. ) ## 83. On or after January 1, 1981, no grantor, directly or indirectly, shall refuse to grant a dealership to any person because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. (Amended by Stats. 2007, Ch. 568, Sec. 11. Effective January 1, 2008.)
  26. 8300.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    This section defines “design professional” for this chapter.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8300. For purposes of this chapter, a “design professional” is a person described in Section 8014 who provides services pursuant to a written contract with a landowner for the design, engineering, or planning of a work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  27. 8302.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A design professional can have a lien on the site once a claim of lien is recorded, but only if the landowner was also the site owner when it was recorded. The lien amount is limited to the lesser of the contract fee or reasonable value, minus any deposit or prior payment. A claim of lien may not be recorded unless a building permit or other governmental approval has been obtained for the work.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8302. (a) A design professional has, from the date of recordation of a claim of lien under this chapter, a lien on the site notwithstanding the absence of commencement of the planned work of improvement, if the landowner who contracted for the design professional’s services is also the owner of the site at the time of recordation of the claim of lien. (b) The lien of the design professional is for the amount of the design professional’s fee for services provided under the contract or the reasonable value of those services, whichever is less. The amount of the lien is reduced by the amount of any deposit or prior payment under the contract. (c) A design professional may not record a claim of lien, and a lien may not be created, under this chapter unless a building permit or other governmental approval in furtherance of the work of improvement has been obtained in connection with or utilizing the services provided by the design professional. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  28. 8304.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A design professional can claim a lien under this chapter only if the project has not started, the landowner has defaulted or refused payment, the professional gives at least 10 days’ notice, and then records the lien.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8304. A design professional is not entitled to a lien under this chapter unless all of the following conditions are satisfied: (a) The work of improvement for which the design professional provided services has not commenced. (b) The landowner defaults in a payment required under the contract or refuses to pay the demand of the design professional made under the contract. (c) Not less than 10 days before recording a claim of lien, the design professional gives the landowner notice making a demand for payment, and stating that a default has occurred under the contract and the amount of the default. (d) The design professional records a claim of lien. The claim of lien shall include all of the following information: (1) The name of the design professional. (2) The amount of the claim. (3) The current owner of record of the site. (4) A legal description of the site. (5) Identification of the building permit or other governmental approval for the work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  29. 8306.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Recording the claim of lien creates a lien for the named design professional, but it expires automatically if work begins or after 90 days unless enforcement is started. If the landowner pays the lien in part or in full, the design professional must record a satisfaction-and-release document.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8306. (a) On recordation of the claim of lien, a lien is created in favor of the named design professional. (b) The lien automatically expires and is null and void and of no further force or effect on the occurrence of either of the following events: (1) The commencement of the work of improvement for which the design professional provided services. (2) The expiration of 90 days after recording the claim of lien, unless the design professional commences an action to enforce the lien within that time. (c) If the landowner partially or fully satisfies the lien, the design professional shall execute and record a document that evidences a partial or full satisfaction and release of the lien, as applicable. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  30. 8308.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says most provisions of this part do not apply to a lien created under this chapter, except for the listed provisions in subdivision (b).

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8308. (a) Except as provided in subdivision (b), no provision of this part applies to a lien created under this chapter. (b) The following provisions of this part apply to a lien created under this chapter: (1) This chapter. (2) Article 1 (commencing with Section 8000) of Chapter 1 of Title 1. (3) Section 8424. (4) Article 6 (commencing with Section 8460) of Chapter 4. (5) Article 7 (commencing with Section 8480) of Chapter 4. (6) Article 8 (commencing with Section 8490) of Chapter 4. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  31. 831.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. )

    Verify source ↗

    An owner of land next to a road or street is presumed to own to the center of the way, unless the contrary is shown.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. ) ## 831. An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. (Enacted 1872.)
  32. 8310.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This chapter does not change a design professional’s ability to obtain a lien for a work of improvement under Section 8400.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8310. This chapter does not affect the ability of a design professional to obtain a lien for a work of improvement under Section 8400. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  33. 8312.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A design professional must record a claim of lien under this chapter within 90 days after knowing, or having reason to know, that the work of improvement will not begin.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8312. A design professional shall record a claim of lien under this chapter no later than 90 days after the design professional knows or has reason to know that the work of improvement will not be commenced. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  34. 8314.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If a lien is created under this chapter, it does not stop the design professional from pursuing other remedies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8314. The creation of a lien under this chapter does not affect the ability of the design professional to pursue other remedies. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  35. 8316.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A lien created under this chapter does not have priority over certain earlier-recorded property interests or a qualifying construction lender encumbrance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8316. (a) No lien created under this chapter affects or takes priority over the interest of record of a purchaser, lessee, or encumbrancer, if the interest of the purchaser, lessee, or encumbrancer in the real property was duly recorded before recordation of the claim of lien. (b) No lien created under this chapter affects or takes priority over an encumbrance of a construction lender that funds the loan for the work of improvement for which the design professional provided services. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  36. 8318.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A design professional cannot obtain a lien under this chapter for certain small single-family, owner-occupied residential projects.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8318. A design professional may not obtain a lien under this chapter for services provided for a work of improvement relating to a single-family, owner-occupied residence for which the expected construction cost is less than one hundred thousand dollars ($100,000). (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  37. 8319.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A design professional may convert a recorded design professional lien into a mechanics lien if specific conditions are met.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Design Professionals Lien [8300 - 8319] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8319. (a) A design professional may convert a recorded design professional lien to a mechanics lien if all of the following requirements are met: (1) The design professional lien expires pursuant to paragraph (1) of subdivision (b) of Section 8306. (2) The design professional lien remains fully or partially unpaid. (3) Within 30 days of the expiration of the design professional lien pursuant to paragraph (1) of subdivision (b) of Section 8306, the design professional records a mechanics lien for the amount of the unpaid design professional lien. (4) The recorded mechanics lien states that it is a converted design professional lien but shall be recorded and enforced as a mechanics lien, except the design professional need not provide a preliminary notice to enforce this mechanics lien. This mechanics lien shall be effective as of the date of recordation of this mechanics lien and shall be given priority pursuant to the provisions of Section 8450. (b) This section shall not apply if a design professional lien expires pursuant to paragraph (2) of subdivision (b) of Section 8306. (Added by Stats. 2011, Ch. 127, Sec. 1. (SB 424) Effective January 1, 2012. Operative July 1, 2012, by Sec. 2 of Ch. 127.)
  38. 832.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. )

    Verify source ↗

    Adjacent landowners have a right to lateral and subjacent support, but excavation rules require notice, care, access, and protection measures in specified cases.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. ) ## 832. Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the following conditions: 1. Any owner of land or his lessee intending to make or to permit an excavation shall give reasonable notice to the owner or owners of adjoining lands and of buildings or other structures, stating the depth to which such excavation is intended to be made, and when the excavating will begin. 2. In making any excavation, ordinary care and skill shall be used, and reasonable precautions taken to sustain the adjoining land as such, without regard to any building or other structure which may be thereon, and there shall be no liability for damage done to any such building or other structure by reason of the excavation, except as otherwise provided or allowed by law. 3. If at any time it appears that the excavation is to be of a greater depth than are the walls or foundations of any adjoining building or other structure, and is to be so close as to endanger the building or other structure in any way, then the owner of the building or other structure must be allowed at least 30 days, if he so desires, in which to take measures to protect the same from any damage, or in which to extend the foundations thereof, and he must be given for the same purposes reasonable license to enter on the land on which the excavation is to be or is being made. 4. If the excavation is intended to be or is deeper than the standard depth of foundations, which depth is defined to be a depth of nine feet below the adjacent curb level, at the point where the joint property line intersects the curb and if on the land of the coterminous owner there is any building or other structure the wall or foundation of which goes to standard depth or deeper then the owner of the land on which the excavation is being made shall, if given the necessary license to enter on the adjoining land, protect the said adjoining land and any such building or other structure thereon without cost to the owner thereof, from any damage by reason of the excavation, and shall be liable to the owner of such property for any such damage, excepting only for minor settlement cracks in buildings or other structures. (Amended by Stats. 1968, Ch. 835.)
  39. 833.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. )

    Verify source ↗

    If a tree’s trunk stands entirely on one owner’s land, that owner owns the tree, even if the roots extend into another owner’s land.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. ) ## 833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. (Enacted 1872.)
  40. 834.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. )

    Verify source ↗

    Trees whose trunks stand partly on land of two or more coterminous owners are owned in common by those owners.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 1. Rights of Owners [818 - 835] ( Chapter 1 enacted 1872. ) ## ARTICLE 2. Boundaries [829 - 835] ( Article 2 enacted 1872. ) ## 834. Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common. (Enacted 1872.)
  41. 84.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. )

    Verify source ↗

    A grantor must not terminate, cancel, or refuse to renew a dealership agreement because of certain listed characteristics, starting on or after January 1, 1981.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. ) ## 84. On or after January 1, 1981, no grantor, directly or indirectly, may terminate, cancel, or refuse to renew a dealership agreement with a dealer because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. (Amended by Stats. 2007, Ch. 568, Sec. 12. Effective January 1, 2008.)
  42. 840.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    An owner of a life estate must keep the buildings and fences in repair and pay specified taxes, annual charges, and a fair share of extraordinary assessments.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 840. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance. (Enacted 1872.)
  43. 8400.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Who is Entitled to Lien [8400 - 8404] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    People who provide authorized work for a work of improvement have a lien right under this chapter, including direct contractors, subcontractors, material suppliers, equipment lessors, laborers, and design professionals.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Who is Entitled to Lien [8400 - 8404] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8400. A person that provides work authorized for a work of improvement, including, but not limited to, the following persons, has a lien right under this chapter: (a) Direct contractor. (b) Subcontractor. (c) Material supplier. (d) Equipment lessor. (e) Laborer. (f) Design professional. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  44. 8402.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Who is Entitled to Lien [8400 - 8404] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A person who provides work authorized for a site improvement has a lien right under this chapter.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Who is Entitled to Lien [8400 - 8404] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8402. A person that provides work authorized for a site improvement has a lien right under this chapter. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  45. 8404.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Who is Entitled to Lien [8400 - 8404] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Work for a work of improvement or site improvement is authorized if the owner requests or agrees to it, or if it is provided or authorized by specified project participants.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Who is Entitled to Lien [8400 - 8404] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8404. Work is authorized for a work of improvement or for a site improvement in any of the following circumstances: (a) It is provided at the request of or agreed to by the owner. (b) It is provided or authorized by a direct contractor, subcontractor, architect, project manager, or other person having charge of all or part of the work of improvement or site improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  46. 841.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Adjoining landowners must share responsibility for boundary markers and, for certain fences, are presumed to share costs equally unless a written agreement says otherwise or the presumption is rebutted.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 841. (a) Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (b) (1) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence. (2) Where a landowner intends to incur costs for a fence described in paragraph (1), the landowner shall give 30 days’ prior written notice to each affected adjoining landowner. The notice shall include notification of the presumption of equal responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence. The notice shall include a description of the nature of the problem facing the shared fence, the proposed solution for addressing the problem, the estimated construction or maintenance costs involved to address the problem, the proposed cost sharing approach, and the proposed timeline for getting the problem addressed. (3) The presumption in paragraph (1) may be overcome by a preponderance of the evidence demonstrating that imposing equal responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence would be unjust. In determining whether equal responsibility for the reasonable costs would be unjust, the court shall consider all of the following: (A) Whether the financial burden to one landowner is substantially disproportionate to the benefit conferred upon that landowner by the fence in question. (B) Whether the cost of the fence would exceed the difference in the value of the real property before and after its installation. (C) Whether the financial burden to one landowner would impose an undue financial hardship given that party’s financial circumstances as demonstrated by reasonable proof. (D) The reasonableness of a particular construction or maintenance project, including all of the following: (i) The extent to which the costs of the project appear to be unnecessary or excessive. (ii) The extent to which the costs of the project appear to be the result of the landowner’s personal aesthetic, architectural, or other preferences. (E) Any other equitable factors appropriate under the circumstances. (4) Where a party rebuts the presumption in paragraph (1) by a preponderance of the evidence, the court shall, in its discretion, consistent with the party’s circumstances, order either a contribution of less than an equal share for the costs of construction, maintenance, or necessary replacement of the fence, or order no contribution. (c) For the purposes of this section, the following terms have the following meanings: (1) “Landowner” means a private person or entity that lawfully holds any possessory interest in real property, and does not include a city, county, city and county, district, public corporation, or other political subdivision, public body, or public agency. (2) “Adjoining” means contiguous to or in contact with. (Repealed and added by Stats. 2013, Ch. 86, Sec. 3. (AB 1404) Effective January 1, 2014.)
  47. 841.4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A fence or fence-like structure over 10 feet tall, maliciously built or kept to annoy a neighbor, is a private nuisance.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 841.4. Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Any owner or occupant of adjoining property injured either in his comfort or the enjoyment of his estate by such nuisance may enforce the remedies against its continuance prescribed in Title 3, Part 3, Division 4 of this code. (Added by Stats. 1953, Ch. 37.)
  48. 8410.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant may enforce a lien only after giving the required preliminary notice and making proof of notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8410. A claimant may enforce a lien only if the claimant has given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200) and made proof of notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  49. 8412.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor may not enforce a lien unless the contractor records a claim of lien after completing the direct contract and before the earlier deadline.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8412. A direct contractor may not enforce a lien unless the contractor records a claim of lien after the contractor completes the direct contract, and before the earlier of the following times: (a) Ninety days after completion of the work of improvement. (b) Sixty days after the owner records a notice of completion or cessation. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  50. 8414.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant who is not a direct contractor may enforce a lien only if the claimant records a claim of lien within the stated time limits.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8414. A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times: (a) After the claimant ceases to provide work. (b) Before the earlier of the following times: (1) Ninety days after completion of the work of improvement. (2) Thirty days after the owner records a notice of completion or cessation. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  51. 8416.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A mechanics lien claim must be written, signed, verified, and served correctly, or it may be unenforceable.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8416. (a) A claim of mechanics lien shall be a written statement, signed and verified by the claimant, containing all of the following: (1) A statement of the claimant’s demand after deducting all just credits and offsets. (2) The name of the owner or reputed owner, if known. (3) A general statement of the kind of work furnished by the claimant. (4) The name of the person by whom the claimant was employed or to whom the claimant furnished work. (5) A description of the site sufficient for identification. (6) The claimant’s address. (7) A proof of service affidavit completed and signed by the person serving a copy of the claim of mechanics lien pursuant to subdivision (c). The affidavit shall show the date, place, and manner of service, and facts showing that the service was made in accordance with this section. The affidavit shall show the name and address of the owner or reputed owner upon whom the copy of the claim of mechanics lien was served pursuant to paragraphs (1) or (2) of subdivision (c), and the title or capacity in which the person or entity was served. (8) The following statement, printed in at least 10-point boldface type. The letters of the last sentence shall be printed in uppercase type, excepting the Internet Web site address of the Contractors’ State License Board, which shall be printed in lowercase type: “NOTICE OF MECHANICS LIEN ATTENTION! Upon the recording of the enclosed MECHANICS LIEN with the county recorder’s office of the county where the property is located, your property is subject to the filing of a legal action seeking a court-ordered foreclosure sale of the real property on which the lien has been recorded. That legal action must be filed with the court no later than 90 days after the date the mechanics lien is recorded. The party identified in the enclosed mechanics lien may have provided labor or materials for improvements to your property and may not have been paid for these items. You are receiving this notice because it is a required step in filing a mechanics lien foreclosure action against your property. The foreclosure action will seek a sale of your property in order to pay for unpaid labor, materials, or improvements provided to your property. This may affect your ability to borrow against, refinance, or sell the property until the mechanics lien is released. BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MORE INFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS’ STATE LICENSE BOARD WEB SITE AT www.cslb.ca.gov.” (b) A claim of mechanics lien in otherwise proper form, verified and containing the information required in subdivision (a), shall be accepted by the recorder for recording and shall be deemed duly recorded without acknowledgment. (c) A copy of the claim of mechanics lien, which includes the Notice of Mechanics Lien required by paragraph (8) of subdivision (a), shall be served on the owner or reputed owner. Service shall be made as follows: (1) For an owner or reputed owner to be notified who resides in or outside this state, by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed to the owner or reputed owner at the owner’s or reputed owner’s residence or place of business address or at the address shown by the building permit on file with the authority issuing a building permit for the work, or as otherwise provided in Section 8174. (2) If the owner or reputed owner cannot be served by this method, then the copy of the claim of mechanics lien may be given by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed to the construction lender or to the original contractor. (d) Service of the copy of the claim of mechanics lien by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, is complete at the time of the deposit of that first-class, certified, or registered mail. (e) Failure to serve the copy of the claim of mechanics lien as prescribed by this section, including the Notice of Mechanics Lien required by paragraph (8) of subdivision (a), shall cause the claim of mechanics lien to be unenforceable as a matter of law. (Amended (as to be added by Stats. 2010, Ch. 697) by Stats. 2011, Ch. 673, Sec. 2. (AB 456) Effective January 1, 2012. Operative July 1, 2012, pursuant to Stats. 2010, Ch. 697, Sec. 105, and Section 8052.)
  52. 8422.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Most errors in a claim of lien do not invalidate it, but fraud or certain bad-faith deficiencies can. A person who willfully includes unfurnished labor, services, equipment, or materials in the claim forfeits the lien.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8422. (a) Except as provided in subdivisions (b) and (c), erroneous information contained in a claim of lien relating to the claimant’s demand, credits and offsets deducted, the work provided, or the description of the site, does not invalidate the claim of lien. (b) Erroneous information contained in a claim of lien relating to the claimant’s demand, credits and offsets deducted, or the work provided, invalidates the claim of lien if the court determines either of the following: (1) The claim of lien was made with intent to defraud. (2) An innocent third party, without notice, actual or constructive, became the bona fide owner of the property after recordation of the claim of lien, and the claim of lien was so deficient that it did not put the party on further inquiry in any manner. (c) Any person who shall willfully include in a claim of lien labor, services, equipment, or materials not furnished for the property described in the claim, shall thereby forfeit the person’s lien. (Amended (as to be added by Stats. 2010, Ch. 697) by Stats. 2011, Ch. 44, Sec. 5. (SB 190) Effective January 1, 2012. Addition and amendment operative July 1, 2012, by Stats. 2010, Ch. 697, Sec. 105, and Stats. 2011, Ch. 44, Sec. 7.)
  53. 8424.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Certain property owners, contractors, or subcontractors who dispute a lien may clear the property by recording a lien release bond.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Conditions to Enforcing a Lien [8410 - 8424] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8424. (a) An owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond. The principal on the bond may be the owner of the property, the direct contractor, or the subcontractor. (b) The bond shall be conditioned on payment of any judgment and costs the claimant recovers on the lien. The bond shall be in an amount equal to 125 percent of the amount of the claim of lien or 125 percent of the amount allocated in the claim of lien to the real property to be released. The bond shall be executed by an admitted surety insurer. (c) The bond may be recorded either before or after commencement of an action to enforce the lien. On recordation of the bond, the real property is released from the claim of lien and from any action to enforce the lien. (d) A person that obtains and records a lien release bond shall give notice to the claimant. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1 and shall include a copy of the bond. Failure to give the notice required by this section does not affect the validity of the bond, but the statute of limitations for an action on the bond is tolled until notice is given. The claimant shall commence an action on the bond within six months after notice is given. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  54. 843.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    A cotenant out of possession may demand concurrent possession, and if the tenant in possession does not offer unconditional concurrent possession within 60 days after service is complete, an ouster is established.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 843. (a) If real property is owned concurrently by two or more persons, a tenant out of possession may establish an ouster from possession by a tenant in possession in the manner provided in this section. This section does not apply to the extent the tenant out of possession is not entitled to possession or an alternative remedy is provided under the terms of an agreement between the cotenants or the instrument creating the cotenancy or another written instrument that indicates the possessory rights or remedies of the cotenants. This section supplements and does not limit any other means by which an ouster may be established. (b) A tenant out of possession may serve on a tenant in possession a written demand for concurrent possession of the property. The written demand shall make specific reference to this section and to the time within which concurrent possession must be offered under this section. Service of the written demand shall be made in the same manner as service of summons in a civil action. An ouster is established 60 days after service is complete if, within that time, the tenant in possession does not offer and provide unconditional concurrent possession of the property to the tenant out of possession. (c) A claim for damages for an ouster established pursuant to this section may be asserted by an independent action or in an action for possession or partition of the property or another appropriate action or proceeding, subject to any applicable statute of limitation. (d) Nothing in this section precludes the cotenants, at any time before or after a demand is served, from seeking partition of the property or from making an agreement as to the right of possession among the cotenants, the payment of reasonable rental value in lieu of possession, or any other terms that may be appropriate. (Added by Stats. 1984, Ch. 241, Sec. 1. Applicable to property acquired before January 1, 1985, as prescribed by Sec. 2 of Ch. 241.)
  55. 8430.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Amount of Lien [8430 - 8434] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section sets the amount of a mechanics lien as the lesser of the work’s reasonable value or the agreed contract price, with special limits if the contract is rescinded, abandoned, or breached.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Amount of Lien [8430 - 8434] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8430. (a) The lien is a direct lien for the lesser of the following amounts: (1) The reasonable value of the work provided by the claimant. (2) The price agreed to by the claimant and the person that contracted for the work. (b) The lien is not limited in amount by the contract price for the work of improvement except as provided in Section 8600. (c) This section does not preclude the claimant from including in a claim of lien work performed based on a written modification of the contract, or as a result of rescission, abandonment, or breach of the contract. If there is a rescission, abandonment, or breach of the contract, the amount of the lien may not exceed the reasonable value of the work provided by the claimant. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  56. 8432.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Amount of Lien [8430 - 8434] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A lien does not cover work outside a direct contract or its modification if the claimant already knew, or should have known, those contract terms before doing the work.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Amount of Lien [8430 - 8434] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8432. (a) A lien does not extend to work, whether or not the work is authorized by a direct contractor or subcontractor, if the work is not included in a direct contract or a modification of that contract, and the claimant had actual knowledge or constructive notice of the provisions of that contract or modification before providing the work. (b) The filing of a contract or modification of that contract with the county recorder, before the commencement of a work of improvement, is constructive notice of the provisions of the contract or modification to a person providing work on that work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  57. 8434.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Amount of Lien [8430 - 8434] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor or subcontractor may enforce a lien only up to the amount due under its contract, after subtracting other claimants’ lien claims for the covered work.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Amount of Lien [8430 - 8434] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8434. A direct contractor or a subcontractor may enforce a lien only for the amount due pursuant to that contractor’s contract after deducting all lien claims of other claimants for work provided and embraced within that contract. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  58. 8440.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A lien attaches to the work of improvement and the related real property, subject to Section 8442.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8440. Subject to Section 8442, a lien attaches to the work of improvement and to the real property on which the work of improvement is situated, including as much space about the work of improvement as is required for the convenient use and occupation of the work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  59. 8442.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Certain real-property interests are subject to a mechanic’s lien.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8442. The following interests in real property to which a lien attaches are subject to the lien: (a) The interest of a person that contracted for the work of improvement. (b) The interest of a person that did not contract for the work of improvement, if work for which the lien is claimed was provided with the knowledge of that person, unless that person gives notice of nonresponsibility under Section 8444. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  60. 8444.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    An owner or qualifying interest-holder may give a notice of nonresponsibility for a work of improvement, but it must be signed, verified, and include specified information, and it is ineffective unless posted and recorded within 10 days after knowledge of the work.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8444. (a) An owner of real property or a person claiming an interest in real property on which a work of improvement is situated that did not contract for the work of improvement may give notice of nonresponsibility. (b) A notice of nonresponsibility shall be signed and verified by the owner. (c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (d) The notice shall also include all of the following information: (1) The nature of the owner’s title or interest. (2) The name of a purchaser under contract, if any, or lessee, if known. (3) A statement that the person giving the notice is not responsible for claims arising from the work of improvement. (e) A notice of nonresponsibility is not effective unless, within 10 days after the person giving notice has knowledge of the work of improvement, the person both posts and records the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  61. 8446.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant may record one lien covering two or more works of improvement if the stated conditions are met.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8446. A claimant may record one claim of lien on two or more works of improvement, subject to the following conditions: (a) The works of improvement have or are reputed to have the same owner, or the work was contracted for by the same person for the works of improvement whether or not they have the same owner. (b) The claimant in the claim of lien designates the amount due for each work of improvement. If the claimant contracted for a lump sum payment for work provided for the works of improvement and the contract does not segregate the amount due for each work of improvement separately, the claimant may estimate an equitable distribution of the amount due for each work of improvement based on the proportionate amount of work provided for each. If the claimant does not designate the amount due for each work of improvement, the lien is subordinate to other liens. (c) If there is a single structure on real property of different owners, the claimant need not segregate the proportion of work provided for the portion of the structure situated on real property of each owner. In the lien enforcement action the court may, if it determines it equitable to do so, designate an equitable distribution of the lien among the real property of the owners. (d) The lien does not extend beyond the amount designated as against other creditors having liens, by judgment, mortgage, or otherwise, on either the works of improvement or the real property on which the works of improvement are situated. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  62. 8448.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines “separate residential unit” and says how lien-related timing and material allocation work when a project has two or more such units.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Property Subject to Lien [8440 - 8448] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8448. (a) As used in this section, “separate residential unit” means one residential structure, including a residential structure containing multiple condominium units, together with any common area, garage, or other appurtenant improvements. (b) If a work of improvement consists of the construction of two or more separate residential units: (1) Each unit is deemed a separate work of improvement, and completion of each unit is determined separately for purposes of the time for recording a claim of lien on that unit. This paragraph does not affect any lien right under Section 8402 or 8446. (2) Material provided for the work of improvement is deemed to be provided for use or consumption in each separate residential unit in which the material is actually used or consumed; but if the claimant is unable to segregate the amounts used or consumed in separate residential units, the claimant has the right to all the benefits of Section 8446. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  63. 845.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Owners covered by this section must keep a private right-of-way easement, or land with such an easement, in repair, and share repair costs under the agreement or by proportional use if there is no agreement.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 845. (a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair. (b) If the easement is owned by more than one person, or is attached to parcels of land under different ownership, the cost of maintaining it in repair shall be shared by each owner of the easement or the owners of the parcels of land, as the case may be, pursuant to the terms of any agreement entered into by the parties for that purpose. In the absence of an agreement, the cost shall be shared proportionately to the use made of the easement by each owner. (c) If any owner refuses to perform, or fails after demand in writing to pay the owner’s proportion of the cost, an action to recover that owner’s share of the cost, or for specific performance or contribution, may be brought by the other owners, either jointly or severally. The action may be brought before, during, or after performance of the maintenance work, as follows: (1) The action may be brought in small claims court if the amount claimed to be due as the owner’s proportion of the cost does not exceed the jurisdictional limit of the small claims court. A small claims judgment shall not affect apportionment of any future costs that are not requested in the small claims action. (2) Except as provided in paragraph (1), the action shall be filed in superior court and, notwithstanding Section 1141.13 of the Code of Civil Procedure, the action shall be subject to judicial arbitration pursuant to Chapter 2.5 of Title 3 of Part 3 (commencing with Section 1141.10) of the Code of Civil Procedure. A superior court judgment shall not affect apportionment of any future costs that are not requested in the action, unless otherwise provided in the judgment. (3) In the absence of an agreement addressing the maintenance of the easement, any action for specific performance or contribution shall be brought in a court in the county in which the easement is located. (4) Nothing in this section precludes the use of any available alternative dispute resolution program to resolve actions regarding the maintenance of easements in the small claims court or the superior court. (d) In the event that snow removal is not required under subdivision (a), or under any independent contractual or statutory duty, an agreement entered into pursuant to subdivision (b) to maintain the easement in repair shall be construed to include snow removal within the maintenance obligations of the agreement if all of the following exist: (1) Snow removal is not expressly precluded by the terms of the agreement. (2) Snow removal is necessary to provide access to the properties served by the easement. (3) Snow removal is approved in advance by the property owners or their elected representatives in the same manner as provided by the agreement for repairs to the easement. (e) This section does not apply to rights-of-way held or used by railroad common carriers subject to the jurisdiction of the Public Utilities Commission. (Amended by Stats. 2012, Ch. 244, Sec. 1. (AB 1927) Effective January 1, 2013.)
  64. 8450.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Most mechanics liens covered by this section take priority over later or unrecorded competing interests, except for liens under Section 8402 and subject to Section 8452.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8450. (a) A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that (1) attaches after commencement of the work of improvement or (2) was unrecorded at the commencement of the work of improvement and of which the claimant had no notice. (b) Subdivision (a) is subject to the exception provided for in Section 8452. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  65. 8452.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A mortgage or deed of trust can have priority over a later lien for work if a qualifying payment bond has been recorded.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8452. A mortgage or deed of trust, otherwise subordinate to a lien under Section 8450, has priority over a lien for work provided after recordation of a payment bond that satisfies all of the following requirements: (a) The bond refers to the mortgage or deed of trust. (b) The bond is in an amount not less than 75 percent of the principal amount of the mortgage or deed of trust. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  66. 8454.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A site improvement covered by a separate direct contract is treated as a separate work of improvement, and starting that site improvement does not count as starting the rest of the work.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8454. If a site improvement is provided for in a direct contract separate from the direct contract for the remainder of the work of improvement, the site improvement is deemed a separate work of improvement and commencement of the site improvement is not commencement of the remainder of the work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  67. 8456.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A construction loan secured by a mortgage or deed of trust that has priority over a mechanics lien is covered here, and certain optional construction advances can share the same priority as mandatory advances if the total advances stay within the original loan amount.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8456. (a) This section applies to a construction loan secured by a mortgage or deed of trust that has priority over a lien under this chapter. (b) An optional advance of funds by the construction lender that is used for construction costs has the same priority as a mandatory advance of funds by the construction lender, provided that the total of all advances does not exceed the amount of the original construction loan. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  68. 8458.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section sets priority rules between mechanics liens and mortgages or deeds of trust on site improvements.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 5. Priorities [8450 - 8458] ( Article 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8458. (a) Except as provided in subdivision (b), a lien provided for in Section 8402 has priority over: (1) A mortgage, deed of trust, or other encumbrance that attaches after commencement of the site improvement. (2) A mortgage, deed of trust, or other encumbrance that was unrecorded at the commencement of the site improvement and of which the claimant had no notice. (3) A mortgage, deed of trust, or other encumbrance that was recorded before commencement of the site improvement, if given for the sole or primary purpose of financing the site improvement. This subdivision does not apply if the loan proceeds are, in good faith, placed in the control of the lender pursuant to a binding agreement with the borrower to the effect that (A) the proceeds are to be applied to the payment of claimants and (B) no portion of the proceeds will be paid to the borrower in the absence of satisfactory evidence that all claims have been paid or that the time for recording a claim of lien has expired and no claim of lien has been recorded. (b) A mortgage or deed of trust, otherwise subordinate under subdivision (a), has priority over a lien provided for in Section 8402 if a payment bond in an amount not less than 50 percent of the principal amount of the mortgage or deed of trust is recorded before completion of the work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  69. 846.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Owners of real property generally do not owe a duty of care for recreational entry or use, and permission for recreational use does not by itself create safe-premises assurances or liability.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 846. (a) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section. (b) A “recreational purpose,” as used in this section, includes activities such as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites. (c) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby do any of the following: (1) Extend any assurance that the premises are safe for that purpose. (2) Constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed. (3) Assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom permission has been granted except as provided in this section. (d) This section does not limit the liability which otherwise exists for any of the following: (1) Willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity. (2) Injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been received from others for the same purpose. (3) Any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner. (e) This section does not create a duty of care or ground of liability for injury to person or property. (Amended by Stats. 2018, Ch. 92, Sec. 33. (SB 1289) Effective January 1, 2019.)
  70. 846.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Owners and certain public entities may ask the Department of General Services to pay reasonable attorney’s fees in covered civil actions, and the Department must allow the claim if the section’s requirements are met.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 846.1. (a) Except as provided in subdivision (c), an owner of any estate or interest in real property, whether possessory or nonpossessory, who gives permission to the public for entry on or use of the real property pursuant to an agreement with a public or nonprofit agency for purposes of recreational trail use, and is a defendant in a civil action brought by, or on behalf of, a person who is allegedly injured or allegedly suffers damages on the real property, may present a claim to the Department of General Services for reasonable attorney’s fees incurred in this civil action if any of the following occurs: (1) The court has dismissed the civil action upon a demurrer or motion for summary judgment made by the owner or upon its own motion for lack of prosecution. (2) The action was dismissed by the plaintiff without any payment from the owner. (3) The owner prevails in the civil action. (b) Except as provided in subdivision (c), a public entity, as defined in Section 831.5 of the Government Code, that gives permission to the public for entry on or use of real property for a recreational purpose, as defined in Section 846, and is a defendant in a civil action brought by, or on behalf of, a person who is allegedly injured or allegedly suffers damages on the real property, may present a claim to the Department of General Services for reasonable attorney’s fees incurred in this civil action if any of the following occurs: (1) The court has dismissed the civil action upon a demurrer or motion for summary judgment made by this public entity or upon its own motion for lack of prosecution. (2) The action was dismissed by the plaintiff without any payment from the public entity. (3) The public entity prevails in the civil action. (c) An owner of any estate or interest in real property, whether possessory or nonpossessory, or a public entity, as defined in Section 831.5 of the Government Code, that gives permission to the public for entry on, or use of, the real property for a recreational purpose, as defined in Section 846, pursuant to an agreement with a public or nonprofit agency, and is a defendant in a civil action brought by, or on behalf of, a person who seeks to restrict, prevent, or delay public use of that property, may present a claim to the Department of General Services for reasonable attorney’s fees incurred in the civil action if any of the following occurs: (1) The court has dismissed the civil action upon a demurrer or motion for summary judgment made by the owner or public entity or upon its own motion for lack of prosecution. (2) The action was dismissed by the plaintiff without any payment from the owner or public entity. (3) The owner or public entity prevails in the civil action. (d) The Department of General Services shall allow the claim if the requirements of this section are met. The claim shall be paid from an appropriation to be made for that purpose. Reasonable attorney’s fees, for purposes of this section, may not exceed an hourly rate greater than the rate charged by the Attorney General at the time the award is made, and may not exceed an aggregate amount of twenty-five thousand dollars ($25,000). This subdivision shall not apply if a public entity has provided for the defense of this civil action pursuant to Section 995 of the Government Code. This subdivision shall also not apply if an owner or public entity has been provided a legal defense by the state pursuant to any contract or other legal obligation. (e) The total of claims allowed by the Department of General Services pursuant to this section shall not exceed two hundred thousand dollars ($200,000) per fiscal year. (Amended by Stats. 2016, Ch. 31, Sec. 8. (SB 836) Effective June 27, 2016.)
  71. 846.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

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    Owners, tenants, or lessees generally are protected from lawsuits for injuries to people they expressly invited to glean farm products for charitable purposes, unless the injuries were caused by gross negligence or willful and wanton misconduct, or they received consideration for allowing the gleaning.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 846.2. No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who has been expressly invited on that land or premises to glean agricultural or farm products for charitable purposes, unless that person’s injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee. The immunity provided by this section does not apply if the owner, tenant, or lessee received any consideration for permitting the gleaning activity. (Added by Stats. 1988, Ch. 1062, Sec. 1.)
  72. 846.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Land surveyors may enter property to investigate boundary evidence and perform surveys, and owners or tenants must provide reasonable access without undue delay.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 846.5. (a) The right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys, is a right of persons legally authorized to practice land surveying and it shall be the responsibility of the owner or tenant who owns or controls property to provide reasonable access without undue delay. The right of entry is not contingent upon the provision of prior notice to the owner or tenant. However, the owner or tenant shall be notified of the proposed time of entry where practicable. (b) The requirements of subdivision (a) do not apply to monuments within access-controlled portions of freeways. (c) When required for a property survey, monuments within a freeway right-of-way shall be referenced to usable points outside the access control line by the agency having jurisdiction over the freeway when requested in writing by the registered civil engineer or licensed land surveyor who is to perform the property survey. The work shall be done within a reasonable time period by the agency in direct cooperation with the engineer or surveyor and at no charge to him. (Amended by Stats. 1982, Ch. 427, Sec. 1.)
  73. 8460.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant must sue to enforce a lien within 90 days after the claim of lien is recorded, unless a recorded extension-of-credit exception applies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8460. (a) The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable. (b) Subdivision (a) does not apply if the claimant and owner agree to extend credit, and notice of the fact and terms of the extension of credit is recorded (1) within 90 days after recordation of the claim of lien or (2) more than 90 days after recordation of the claim of lien but before a purchaser or encumbrancer for value and in good faith acquires rights in the property. In that event the claimant shall commence an action to enforce the lien within 90 days after the expiration of the credit, but in no case later than one year after completion of the work of improvement. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  74. 8461.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    After an action to enforce a lien starts, the plaintiff must record a notice of pendency with the county recorder within 20 days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8461. After commencement of an action to enforce a lien, the plaintiff shall record in the office of the county recorder of the county, or of the several counties in which the property is situated, a notice of the pendency of the action, as provided in Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure, on or before 20 days after the commencement of the action. Only from the time of recording that notice shall a purchaser or encumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and in that event only of its pendency against parties designated by their real names. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  75. 8462.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If a lien-enforcement action is not brought to trial within two years after it starts, the court may dismiss it for want of prosecution.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8462. Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce a lien is not brought to trial within two years after commencement of the action, the court may in its discretion dismiss the action for want of prosecution. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  76. 8464.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    In a lien-enforcement action, the court must allow the amount paid to verify and record the claim of lien as costs for each claimant whose lien is established.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8464. In addition to any other costs allowed by law, the court in an action to enforce a lien shall allow as costs to each claimant whose lien is established the amount paid to verify and record the claim of lien, whether the claimant is a plaintiff or defendant. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  77. 8466.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If sale proceeds are deficient on a lien-enforcement judgment, a deficiency judgment may be entered against the person personally liable for the deficiency.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8466. If there is a deficiency of proceeds from the sale of property on a judgment for enforcement of a lien, a deficiency judgment may be entered against a party personally liable for the deficiency in the same manner and with the same effect as in an action to foreclose a mortgage. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  78. 8468.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says the mechanics lien chapter does not take away a claimant’s listed rights, and a claimant must refer to this section when applying for a writ of attachment.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8468. (a) This chapter does not affect any of the following rights of a claimant: (1) The right to maintain a personal action to recover a debt against the person liable, either in a separate action or in an action to enforce a lien. (2) The right to a writ of attachment. In an application for a writ of attachment, the claimant shall refer to this section. The claimant’s recording of a claim of lien does not affect the right to a writ of attachment. (3) The right to enforce a judgment. (b) A judgment obtained by the claimant in a personal action described in subdivision (a) does not impair or merge the claim of lien, but any amount collected on the judgment shall be credited on the amount of the lien. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  79. 847.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

    Verify source ↗

    Owners of real property are generally not liable for injury or death on the property when it occurs during or after the injured person commits one of the listed felonies.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 847. (a) An owner, including, but not limited to, a public entity, as defined in Section 811.2 of the Government Code, of any estate or any other interest in real property, whether possessory or nonpossessory, shall not be liable to any person for any injury or death that occurs upon that property during the course of or after the commission of any of the felonies set forth in subdivision (b) by the injured or deceased person. (b) The felonies to which the provisions of this section apply are the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, or threat of great bodily harm; (5) oral copulation by force, violence, duress, menace, or threat of great bodily harm; (6) lewd acts on a child under the age of 14 years; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing great bodily injury; (17) exploding a destructive device or any explosive with intent to murder; (18) burglary; (19) robbery; (20) kidnapping; (21) taking of a hostage by an inmate of a state prison; (22) any felony in which the defendant personally used a dangerous or deadly weapon; (23) selling, furnishing, administering, or providing heroin, cocaine, or phencyclidine (PCP) to a minor; (24) grand theft as defined in Sections 487 and 487a of the Penal Code; and (25) any attempt to commit a crime listed in this subdivision other than an assault. (c) The limitation on liability conferred by this section arises at the moment the injured or deceased person commences the felony or attempted felony and extends to the moment the injured or deceased person is no longer upon the property. (d) The limitation on liability conferred by this section applies only when the injured or deceased person’s conduct in furtherance of the commission of a felony specified in subdivision (b) proximately or legally causes the injury or death. (e) The limitation on liability conferred by this section arises only upon the charge of a felony listed in subdivision (b) and the subsequent conviction of that felony or a lesser included felony or misdemeanor arising from a charge of a felony listed in subdivision (b). During the pendency of any such criminal action, a civil action alleging this liability shall be abated and the statute of limitations on the civil cause of action shall be tolled. (f) This section does not limit the liability of an owner or an owner’s agent which otherwise exists for willful, wanton, or criminal conduct, or for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. (g) The limitation on liability provided by this section shall be in addition to any other available defense. (Added by Stats. 1985, Ch. 1541, Sec. 1.)
  80. 8470.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. )

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    In a lien enforcement action for work provided to a contractor, the contractor must defend the action at its own expense, and the owner may withhold, deduct, or recover amounts from the direct contractor in specified situations.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 6. Enforcement of Lien [8460 - 8470] ( Article 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8470. In an action to enforce a lien for work provided to a contractor: (a) The contractor shall defend the action at the contractor’s own expense. During the pendency of the action the owner may withhold from the direct contractor the amount of the lien claim. (b) If the judgment in the action is against the owner or the owner’s property, the owner may deduct the amount of the judgment and costs from any amount owed to the direct contractor. If the amount of the judgment and costs exceeds the amount owed to the direct contractor, or if the owner has settled with the direct contractor in full, the owner may recover from the direct contractor, or the sureties on a bond given by the direct contractor for faithful performance of the direct contract, the amount of the judgment and costs that exceed the contract price and for which the direct contractor was originally liable. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  81. 848.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. )

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    A mineral rights owner must give written notice before first entering real property, with longer notice and more detail for surface-disrupting work.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 2. Obligations of Owners [840 - 848] ( Chapter 2 enacted 1872. ) ## 848. (a) Except as provided in subdivision (c), the owner of mineral rights, as defined by Section 883.110, in real property shall give a written notice prior to the first entry to the owner of the real property who is listed as the assessee on the current local assessment roll or to the owner’s representative, or to the lessee of the real property if different from the mineral rights owner, and to any public utility that has a recorded interest in the real property if there is to be excavation of the utility interest, under the following circumstances: (1) If the mineral rights owner or its agent intends to enter real property for the purpose of undertaking non-surface-disrupting activities such as surveying, water and mineral testing, and removal of debris and equipment not involving use of an articulated vehicle on the real property, the owner or agent shall provide a minimum of five days’ notice. Reasonable attempts shall be made to deliver the notice by acknowledged personal delivery, but if that cannot occur, the notice shall be delivered by registered letter and be received a minimum of five days prior to the entrance on the property. The notice shall specify all of the following: (A) Date of entry. (B) Estimated length of time the property will be occupied. (C) General nature of the work. (2) If the mineral rights owner or its agent intends to enter real property for the purpose of excavation or other surface-disrupting activities such as drilling new wells, constructing structures, bringing articulated vehicles or excavation equipment on the real property, or reclamation of the real property after the surface has been disturbed, the owner or agent shall provide a minimum of 30 days’ notice. The notice shall specify both of the following: (A) The extent and location of the prospecting, mining, or extraction operation. (B) The approximate time or times of entry and exit upon the real property. (3) If a mineral rights owner’s entry to the real property ceases for a period of one year or more, any further entry by the mineral rights owner for the purpose of surface-disturbing activities pursuant to paragraph (2) shall require written notice pursuant to this subdivision. (b) (1) If a mineral rights owner has been authorized by the Geologic Energy Management Division to drill a relief well or to take other immediate actions in response to an emergency situation, or if the division or its agent is drilling a relief well or taking other immediate actions in response to an emergency situation, the notice provisions under paragraph (2) of subdivision (a) shall be waived. (2) For purposes of this subdivision, an “emergency” means immediate action is necessary to protect life, health, property, or natural resources. (c) The notice specified in subdivision (a) shall not be required if the owner of the real property or assessee has a current, already negotiated surface use, access use, or similar agreement with the mineral rights owner, lessee, agent, or operator. (d) If the mineral rights owner has not complied with the notice requirement specified in subdivision (a), the owner of the real property listed on the current assessment roll or any public utility which has a recorded interest in the real property may request a court to enjoin the prospecting, mining, or extracting operation until the mineral rights owner has complied. The absence of a known owner on the assessment roll or any public utility which has a recorded interest in the real property relieves the mineral rights owner of the obligation to give the written notice to the owner or public utility. (e) For purposes of this section, an “acknowledged personal delivery” means that the written notice is personally delivered to the owner, the owner’s representative, or lessee, and the owner, the owner’s representative, or lessee acknowledges, in writing, receipt of the notice. (Amended by Stats. 2019, Ch. 771, Sec. 1. (AB 1057) Effective January 1, 2020.)
  82. 8480.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. )

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    The property owner may ask the court to release property from a lien claim if the claimant has not started a lien-enforcement action in time.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8480. (a) The owner of property or the owner of any interest in property subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 8460. (b) This article does not bar any other cause of action or claim for relief by the owner of the property. A release order does not bar any other cause of action or claim for relief by the claimant, other than an action to enforce the claim of lien that is the subject of the release order. (c) A petition for a release order under this article may be joined with a pending action to enforce the claim of lien that is the subject of the petition. No other action or claim for relief may be joined with a petition under this article. (d) Notwithstanding Section 8056, Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure does not apply to a proceeding under this article. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  83. 8482.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A property owner cannot ask the court for a release order unless, at least 10 days before filing, the owner first gives the claimant notice demanding a recorded release of the lien claim.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8482. An owner of property may not petition the court for a release order under this article unless at least 10 days before filing the petition the owner gives the claimant notice demanding that the claimant execute and record a release of the claim of lien. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall state the grounds for the demand. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  84. 8484.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A petition for a release order must be verified and must include specified facts about the lien, the property, notice, enforcement action status, and bankruptcy or other restraints.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8484. A petition for a release order shall be verified and shall allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. (b) The county in which the claim of lien is recorded. (c) The book and page or series number of the place in the official records where the claim of lien is recorded. (d) The legal description of the property subject to the claim of lien. (e) Whether an extension of credit has been granted under Section 8460, if so to what date, and that the time for commencement of an action to enforce the lien has expired. (f) That the owner has given the claimant notice under Section 8482 demanding that the claimant execute and record a release of the lien and that the claimant is unable or unwilling to do so or cannot with reasonable diligence be found. (g) Whether an action to enforce the lien is pending. (h) Whether the owner of the property or interest in the property has filed for relief in bankruptcy or there is another restraint that prevents the claimant from commencing an action to enforce the lien. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  85. 8486.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. )

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    When a petition for a release order is filed, the clerk must set a hearing date within 30 days, the petitioner must serve the claimant at least 15 days before the hearing, and the court must act within 60 days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8486. (a) On the filing of a petition for a release order, the clerk shall set a hearing date. The date shall be not more than 30 days after the filing of the petition. The court may continue the hearing only on a showing of good cause, but in any event the court shall rule and make any necessary orders on the petition not later than 60 days after the filing of the petition. (b) The petitioner shall serve a copy of the petition and a notice of hearing on the claimant at least 15 days before the hearing. Service shall be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested, addressed to the claimant as provided in Section 8108. (c) Notwithstanding Section 8116, when service is made by mail, service is complete on the fifth day following deposit of the petition and notice in the mail. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  86. 8488.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. )

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    At the hearing, the petitioner must prove service and hearing-date compliance, the claimant must prove the lien is valid, and if the petitioner wins the court must release the property from the lien. The prevailing party may recover reasonable attorney’s fees.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 7. Release Order [8480 - 8488] ( Article 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8488. (a) At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed controverted by the claimant. The petitioner has the initial burden of producing evidence on those matters. The petitioner has the burden of proof as to the issue of compliance with the service and date for hearing requirements of this article. The claimant has the burden of proof as to the validity of the lien. (b) If judgment is in favor of the petitioner, the court shall order the property released from the claim of lien. (c) The prevailing party is entitled to reasonable attorney’s fees. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  87. 8490.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 8. Removal of Claim of Lien from Record [8490 - 8494] ( Article 8 added by Stats. 2010, Ch. 697, Sec. 20. )

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    Certain court orders and judgments about liens must include specific lien-record and property details; once a certified copy is recorded, the property is released from the claim of lien.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 8. Removal of Claim of Lien from Record [8490 - 8494] ( Article 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8490. (a) A court order dismissing a cause of action to enforce a lien or releasing property from a claim of lien, or a judgment that no lien exists, shall include all of the following information: (1) The date of recordation of the claim of lien. (2) The county in which the claim of lien is recorded. (3) The book and page or series number of the place in the official records where the claim of lien is recorded. (4) The legal description of the property. (b) A court order or judgment under this section is equivalent to cancellation of the claim of lien and its removal from the record. (c) A court order or judgment under this section is a recordable instrument. On recordation of a certified copy of the court order or judgment, the property described in the order or judgment is released from the claim of lien. (d) This section does not apply to a court order dismissing an action to enforce a lien that is expressly stated to be without prejudice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  88. 8494.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 8. Removal of Claim of Lien from Record [8490 - 8494] ( Article 8 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If a lien has expired and is unenforceable, or if a court order or judgment is recorded, the lien no longer gives notice and does not create a duty to inquire for people later dealing with the property.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Mechanics Lien [8400 - 8494] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 8. Removal of Claim of Lien from Record [8490 - 8494] ( Article 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8494. If a claim of lien expires and is unenforceable under Section 8460, or if a court order or judgment is recorded under Section 8490, the claim of lien does not constitute actual or constructive notice of any of the matters contained, claimed, alleged, or contended in the claim of lien, or create a duty of inquiry in any person thereafter dealing with the affected property. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  89. 85.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. )

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    A grantor or dealer may not refuse dealership transfers or succession because of protected characteristics listed in Section 51.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. ) ## 85. On or after January 1, 1981, no grantor or dealer, directly or indirectly, shall refuse to make or to consent to an assignment, sale, transfer, or bequest of a dealership to any person, or to the intestate succession to the dealership by any person, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. This section shall not be construed to create any right in a dealer to assign, sell, transfer, or bequeath a dealership where the right did not exist prior to January 1, 1981. (Amended by Stats. 2007, Ch. 568, Sec. 13. Effective January 1, 2008.)
  90. 850.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. )

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    This section defines key terms for the Environmental Responsibility Acceptance Act and says certain notice documents must describe the site location and the release.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. ) ## 850. The definitions set forth in Section 25260 of the Health and Safety Code govern the construction of this chapter. In addition, the following definitions apply for purposes of this chapter only: (a) “Actual awareness” means actual knowledge of a fact pertaining to an obligation under this chapter, including actual knowledge of a release exceeding the notification threshold. Only actual awareness possessed by those employees or representatives of an owner of a site who are responsible for monitoring, responding to or otherwise addressing the release shall be attributable to the owner. Only actual awareness possessed by those employees or representatives of a potentially responsible party who are responsible for monitoring, responding to, or otherwise addressing, the release shall be attributable to the potentially responsible party. (b) “Commitment statement” means a written statement executed by the notice recipient which recites expressly the language specified in Section 854. (c) “Mediation” means an informal process in which the disputing parties select a neutral third party to assist them in reaching a negotiated settlement in which the neutral third party has no power to impose a solution on the parties, but rather has the power only to assist the parties in shaping solutions to meet their interests and objectives. (d) “Negative response” means a written response by the recipient of a notice of potential liability indicating that the recipient will not undertake any response action, or a deemed negative response pursuant to subdivision (c) of Section 851 in the event of the recipient’s failure to respond. (e) “Neutral third party” means an experienced professional, such as an attorney, engineer, environmentalist, hydrologist, or retired judge, who has served as a mediator. (f) “Notice of potential liability” means a notice, sent by the owner of the site, stating that a release that exceeds the notification threshold has occurred at the site and that the owner believes that the recipient of the notice is a responsible party with respect to the release. The notice of potential liability shall describe the location of the site and the nature of the release. (g) “Notice recipient” means any one of the following: (1) A person who receives a notice of potential liability pursuant to subdivision (a) of Section 851. (2) A person who provides a release report pursuant to subdivision (b) of Section 851. (3) A person who offers a commitment statement to the owner of a site pursuant to subdivision (c) of Section 851. (h) “Notification threshold” means any release of such a magnitude that: (1) The release is the subject of a response action which has been ordered by, or is being performed by, an oversight agency; or (2) The release is impeding the ability of the owner of the site to sell, lease, or otherwise use the site. (i) “Operation and maintenance” means any activity as defined in Section 78080 of the Health and Safety Code. (j) “Oversight agency” means any agency, as defined in subdivision (c) of Section 25260 of the Health and Safety Code, that has jurisdiction over a response action performed in connection with a release that is the subject of a notice of potential liability. Subject to any other limitation imposed by law, an oversight agency retains full discretion as to when it exercises jurisdiction over a site. (k) “Reasonable steps,” as used in subdivision (a) of Section 851, means the least expensive means available to ascertain the potentially responsible parties. If the owner cannot otherwise identify any apparent, potentially responsible parties, then “reasonable steps” includes: (1) Conducting a title search; and (2) Reviewing all environmental reports in the owner’s possession of which the owner has actual awareness pertaining to the site. (l) “Release” means the release, as defined in Section 78105 of the Health and Safety Code, of a hazardous material or hazardous materials. (m) “Release report” means a notice sent by a responsible party to the owner of the site stating that a release has occurred on the site which is likely to exceed the notification threshold. The release report shall describe the location of the site and the nature of the release. (n) “Remedial action” means any action as defined in Section 78125 of the Health and Safety Code. (o) “Removal action” means any action as defined in Section 78135 of the Health and Safety Code. (p) “Response action” means any removal actions, including, but not limited to, site investigations and remedial actions, including, but not limited to, operation and maintenance measures. (q) “Responsible party” means any person who is liable under state or local law for taking action in response to a release. (r) “Site” means any parcel of commercial, industrial, or agricultural real property where a hazardous materials release has occurred. (s) “Written action” means any official action by any oversight agency where the oversight agency has expressly exercised its cleanup authority in writing, pursuant to the oversight agency’s procedures, directing a response action at the site. (Amended by Stats. 2022, Ch. 258, Sec. 2. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  91. 8500.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    For work furnished on a work of improvement, rights against the construction-cost fund are controlled only by this chapter, and people generally cannot claim other legal or equitable rights in that fund unless the right comes from a written contract with the fund holder or is allowed by this chapter.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8500. The rights of all persons furnishing work for any work of improvement, with respect to any fund for payment of construction costs, are governed exclusively by this chapter, and no person may assert any legal or equitable right with respect to the fund, other than a right created by a written contract between that person and the person holding the fund, except pursuant to the provisions of this chapter. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  92. 8502.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A stop payment notice must be signed and verified by the claimant and must include a general description of the work and an estimate of its total value; the claimed amount may cover only work provided through the notice date.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8502. (a) A stop payment notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall be signed and verified by the claimant. (b) The notice shall include a general description of work to be provided, and an estimate of the total amount in value of the work to be provided. (c) The amount claimed in the notice may include only the amount due the claimant for work provided through the date of the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  93. 8504.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A claimant who willfully files a false stop payment notice, or willfully asks to withhold money for work not provided, loses the right to share in the withheld funds and the right to a lien under Chapter 4.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8504. A claimant that willfully gives a false stop payment notice or that willfully includes in the notice a demand to withhold for work that has not been provided forfeits all right to participate in the distribution of the funds withheld and all right to a lien under Chapter 4 (commencing with Section 8400). (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  94. 8506.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A stop payment notice must be delivered to the owner or the owner’s architect, if any; if it is for a construction lender, it is effective only if given to the lender’s manager or other responsible officer/person at the office or branch handling the construction funds.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8506. (a) A stop payment notice to an owner shall be given to the owner or to the owner’s architect, if any. (b) A stop payment notice to a construction lender holding construction funds shall not be effective unless given to the manager or other responsible officer or person at the office or branch of the lender administering or holding the construction funds. (c) A stop payment notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  95. 8508.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A stop payment notice is valid only if the claimant gave the required preliminary notice and gave the stop payment notice before the lien-recording deadline expires.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8508. A stop payment notice is not valid unless both of the following conditions are satisfied: (a) The claimant gave preliminary notice to the extent required by Chapter 2 (commencing with Section 8200). (b) The claimant gave the stop payment notice before expiration of the time within which a claim of lien must be recorded under Chapter 4 (commencing with Section 8400). (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  96. 851.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. )

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    This section requires site owners and potentially responsible parties to quickly exchange notice and release information about releases that meet the notification threshold, with a 120-day written response rule for notice recipients.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. ) ## 851. (a) An owner of a site who has actual awareness of a release exceeding the notification threshold shall take all reasonable steps as defined in subdivision (j) of Section 850 to expeditiously identify the potentially responsible parties. The owner shall, as soon as reasonably possible after obtaining actual awareness of the potentially responsible parties, send a notice of potential liability to the identified potentially responsible parties and the agency, as defined in subdivision (c) of Section 25260 of the Health and Safety Code, that the owner believes to be the appropriate oversight agency. For any release exceeding the notification threshold of which the owner has actual awareness that occurred prior to, but within three years of, the effective date of this section, the notice shall be given on or before December 31, 1998. (b) A potentially responsible party who has actual awareness of a release which is likely to exceed the notification threshold shall as soon as reasonably possible after obtaining actual awareness of the release provide the owner of the site where the release occurred with a release report. For any release exceeding the notification threshold of which the potentially responsible party has actual awareness that occurred prior to, but within three years of, the effective date of this section, the release report shall be given on or before December 31, 1998. A potentially responsible party may issue, at the potentially responsible party’s option, a commitment statement to the owner of the site within 120 days of the potentially responsible party’s issuance of a release report. The fact that a release report is issued shall not constitute an admission of liability and may not be admitted as evidence against a potentially responsible party in any litigation. (c) When a notice of potential liability is issued, a notice recipient shall respond to the owner, in writing, and by certified mail, return receipt requested, within 120 days from the date that the notice of potential liability was mailed. The notice recipient’s response shall be either a commitment statement or a negative response. The notice recipient’s failure to submit the written response within the 120-day period, or failure to strictly comply with the form of the written response, as provided in Section 854, shall be deemed a negative response. The owner may agree in writing to extend the period during which the notice recipient may respond to the notice of potential liability. An extension of up to 120 days shall be provided if the notice recipient commits to do a site investigation, the results of which shall be provided to the owner and the oversight agency. (d) (1) The common law duty to mitigate damages shall apply to any failure of the owner of a site to give a timely notice of potential liability when the owner is required to give this notice pursuant to this chapter. Where an owner fails to mitigate damages by not giving a timely notice of potential liability, the owner’s damage claim shall be reduced in accordance with common law principles by the amount that the potentially responsible party proves would have likely been mitigated had a timely notice of potential liability been given. (2) Common law principles shall apply to the failure of the potentially responsible party to issue a timely release report. Where a potentially responsible party fails to give a timely release report, the potentially responsible party, in accordance with common law principles, shall be responsible to the owner of the site, for damages that the owner proves are likely caused by the failure to provide a release report. (3) Any party who argues the applicability of this subdivision carries the burden of proof in that regard. (4) Nothing in this section is intended to create a new cause of action or defense beyond that which already exists under common law. (5) Subdivisions (a) and (b), and paragraphs (1) and (2) of this subdivision, shall not apply when the party to whom a notice of potential liability or release report is owed already possesses actual awareness of the information required to be transmitted in the notice of potential liability or release report. (e) (1) Except as provided in paragraph (2), the requirements of this chapter shall not apply to a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code for response action pursuant to Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code or to a site where an oversight agency has issued an order or entered into an enforceable agreement pursuant to any authority, including, but not limited to, an order or enforceable agreement entered into by a local agency, the Department of Toxic Substance Control, the State Water Resources Control Board, or a regional water quality control board pursuant to Chapter 6.5 (commencing with Section 25100), Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), Chapter 6.86 (commencing with Section 25396), or Chapter 6.11 (commencing with Section 25404) of Division 20 of, or Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, or pursuant to Division 7 (commencing with Section 13000) of the Water Code. (2) The requirements of this chapter shall apply if either of the following applies: (A) The order or enforceable agreement is issued or entered into after the owner accepts a commitment statement. (B) The Department of Toxic Substance Control, State Water Resources Control Board, or regional water quality control board that issued the order or entered into an enforceable agreement consents in writing to the applicability of this chapter to the site. (f) It is the intent of the Legislature for this chapter to resolve disputes between, and affect the rights of, private parties only. Nothing in this chapter shall affect the authority of the Department of Toxic Substance Control, the State Water Resources Control Board, a regional water quality control board, or any other oversight agency. (g) Notwithstanding any other provision of this chapter, any time prior to accepting a commitment statement, the owner may provide the notice to the notice recipient that the provisions of subdivision (c), paragraph (2) of subdivision (e), and Sections 852 and 854, shall not apply to the site, in which case the provisions of subdivision (c), paragraph (2) of subdivision (e), and Sections 852 and 854 shall not apply to the site and the owner and notice recipient shall be entitled to pursue all other legal remedies and defenses authorized by law. (Amended by Stats. 2022, Ch. 258, Sec. 3. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  97. 8510.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A person can get withheld funds released from a stop payment notice by giving a release bond, and the holder of the funds must release them after receiving that bond.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [8500 - 8510] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 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. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  98. 852.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. )

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    This section lets an owner accept or reject a commitment statement, requires mediation first in some disputes, and sets access, notice, tolling, and stay rules tied to contaminated-property response actions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. ) ## 852. (a) Within 45 days after issuance of the commitment statement, the owner may transmit to the notice recipient by certified mail, return receipt requested, an executed copy of the commitment statement, indicating its acceptance. If the owner does not execute the commitment statement, the commitment statement shall be deemed to have been rejected upon expiration of the 45-day period. A notice recipient has no obligation with respect to the provisions of a rejected commitment statement. (b) (1) Except as otherwise provided in this chapter, or unless the owner or the notice recipient has elected not to proceed with the mediation, if the owner rejects the commitment statement, the owner and notice recipient shall participate in a mediation process prior to the commencement of any litigation which pertains to a release covered by the commitment statement. The mediation process shall be supervised by a neutral third party mutually agreed upon by the owner and the notice recipient in order to mediate a mutually agreeable settlement between the owner and notice recipient of all issues related to the release. (2) Either the notice recipient or the owner may elect not to proceed further with the mediation process at any time prior to completion of those proceedings. (3) To the extent a mutually agreeable settlement is reached which allocates the liability and assigns the rights and obligations of the owner and notice recipient in a manner different from or inconsistent with this chapter, the settlement shall supersede the terms of this chapter pursuant to subdivision (f) of Section 853. If a settlement of all issues cannot be reached within 90 days after the owner’s rejection of the commitment statement, the neutral third party shall declare the mediation process unsuccessful and terminate the process. The owner and notice recipient may mutually agree to extend the mediation process but shall communicate any such extension in writing to the neutral third party. If the party issuing the commitment statement fails, for any reason, to participate in the mediation within 90 days of the rejection of the commitment statement, the owner may proceed with litigation. (4) After the termination of an unsuccessful mediation process, the parties shall be free to litigate or otherwise resolve their respective claims. The parties may mutually agree to the terms of the commitment statement at any time after the termination of an unsuccessful mediation process, in which case this chapter shall govern the rights and obligations of the parties. (5) Any applicable statute of limitations shall be tolled for 90 days following issuance of a notice of potential liability, a release report, or a commitment statement. (6) Any applicable statute of limitations shall be tolled from the time the owner rejects a commitment statement until the termination of the mediation process. If mediation is not commenced within 90 days after the owner’s rejection of the commitment statement, the tolling of the statute of limitations shall terminate unless otherwise agreed to by the parties. (7) Unless the owner and notice recipient agree otherwise, the fees and costs of the neutral third party shall be borne equally by the notice recipient and the owner. (c) Upon taking effect, the commitment statement shall have all of the following results: (1) The commitment statement shall constitute a binding promise that the notice recipient will undertake any response action as required by an oversight agency through a written action, directed to the owner or notice recipient, in connection with the release that is the subject of the notice of potential liability or release report. The commitment statement shall not create any obligations with respect to releases occurring after the commitment statement is signed, or with respect to any other release that is not the subject of the notice of potential liability. (2) The commitment statement shall constitute a binding promise that the owner shall provide reasonable site access to the notice recipient to take any action that is reasonably necessary or appropriate to conduct a response action. This grant of access shall not affect the rights of the owner if the notice recipient’s activities onsite result in physical damage to the site which the notice recipient fails to repair within a reasonable period after completion of all onsite activities. Unless otherwise ordered by the oversight agency, the notice recipient shall take all reasonable steps to avoid interfering with the owner’s use of the site. (3) Except for civil actions seeking damages for personal injury or wrongful death, once a commitment statement has been accepted, the court shall stay any action brought by the owner of the site against the notice recipient that issued the commitment statement, including, but not limited to, actions in trespass, nuisance, negligence, and strict liability, which arise from or relate to a release for which a commitment statement has been issued. The stay shall be effective for a period of not more than two years from the date of acceptance of the commitment statement, but only so long as the site response action is proceeding to the satisfaction of an oversight agency. The stay shall not apply to any civil action that is based on fraud, failure to disclose, or misrepresentation related to any transaction between the owner of the site and the notice recipient, to any civil action for breach of the commitment statement, or to any civil action which is unrelated to the release. The owner and notice recipient may elect to extend the period of the stay by written agreement. (4) In an action by an owner who has accepted a commitment statement against the notice recipient who issued the commitment statement, and which arises from or relates to a release for which a commitment statement has been issued, only the following damages shall be recoverable to the extent otherwise authorized by law: (A) Damages for personal injuries or wrongful death caused by the release. (B) Damages for breach of a commitment statement. (C) Damages from the failure of a prospective purchaser to perform under a sales contract because of the release, where such failure to perform occurs prior to the issuance of the commitment statement. (D) Damages for the lost use of the property prior to the issuance of a commitment statement caused by the release. (E) Recovery of costs of investigating and responding to the release where such costs are incurred prior to the issuance of the commitment statement. (F) Remedies for any breach of a preexisting contract entered into prior to the acceptance of a commitment statement. (G) Damages for lost rents and any other damages recoverable under law associated with lost use of the site caused by any notice recipient during site response action activities. (5) An owner may obtain rescission of a commitment statement if a notice recipient repudiates its obligations under the commitment statement, in which case Sections 852 and 854 shall no longer apply to the site. (6) The notice recipient and owner shall copy each other with respect to all correspondence and proposed workplans to and from the oversight agency that relate to the site. (d) Nothing in this chapter shall affect the authority of an oversight agency under the law to bring an administrative, criminal, or civil action against either a notice recipient or the owner, nor does it compel any action on the part of the oversight agency. (e) At any time after the commitment statement is accepted, either the owner or the notice recipient may file an action against the other for material breach of rights and obligations associated with the commitment statement. Subject to the stay provided for in paragraph (3) of subdivision (c), the parties may litigate these claims in the same action as any other claims they may have in connection with the release that is the subject of the commitment statement. (f) Whenever a notice recipient issues a commitment statement, the following notice shall be provided in 14 point boldface type if printed or in boldface capital letters if typed: “THIS FORM WAS DEVELOPED AS PART OF A PROCESS ENACTED BY THE CALIFORNIA LEGISLATURE TO PROVIDE OWNERS OF PROPERTY AND POTENTIALLY RESPONSIBLE PARTIES AN ALTERNATIVE TO LITIGATING DISPUTES OVER CONTAMINATION. IT IS YOUR OPTION AS TO WHETHER YOU SIGN THIS FORM OR OTHERWISE PARTICIPATE IN THIS PROCESS. IF YOU CHOOSE NOT TO PARTICIPATE IN THE PROCESS, YOU SHOULD NOTIFY THE PARTY WHO SENT YOU THIS FORM. THIS FORM INVOLVES A TRADEOFF WHEREBY EACH PARTY ACQUIRES AND RELINQUISHES CERTAIN RIGHTS. UNDER THIS FORM, THE PROPERTY OWNER GETS THE ASSURANCE THAT THE POTENTIALLY RESPONSIBLE PARTY IS OBLIGATED TO PERFORM INVESTIGATORY AND CLEANUP ACTIONS IN THE EVENT THAT GOVERNMENT AUTHORITIES ELECT TO REQUIRE THESE ACTIONS. ON THE OTHER HAND, THE PROPERTY OWNER FOREGOES CERTAIN CLAIMS ASSOCIATED WITH RESIDUAL CONTAMINATION THAT GOVERNMENTAL AUTHORITIES ALLOW TO REMAIN IN PLACE ON THE PROPERTY. IF YOU ELECT NOT TO SIGN THIS FORM, THE PROCESS DEVELOPED BY THE LEGISLATURE CONTEMPLATES THAT YOU WILL ATTEMPT TO MEDIATE ANY DISPUTES REGARDING THE CONTAMINATION. HOWEVER, MEDIATION IS NEITHER MANDATORY NOR BINDING. IF YOU HAVE QUESTIONS ABOUT THE PROCESS, YOU MAY WISH TO CONSULT AN ATTORNEY.” (g) Any applicable statute of limitations shall be tolled for two and one-half years from the date of acceptance of the commitment statement. If at the end of two years from the date of acceptance of the commitment statement an oversight agency has not issued a written action directed to the owner or notice recipient, the owner has 60 days in which he or she may terminate the commitment statement; and, in this event, it shall have no further force or effect. In the event the owner terminates the commitment statement, subdivision (c) shall no longer apply to the site and shall no longer govern the rights and obligations of the owner or notice recipient. (Added by Stats. 1997, Ch. 873, Sec. 1. Effective January 1, 1998.)
  99. 8520.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Stop Payment Notice to Owner [8520 - 8522] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A qualified lien claimant other than a direct contractor may give the owner a stop payment notice, and the owner may demand one. Failure to give a bonded or unbonded stop payment notice after that demand causes forfeiture of the lien right.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Stop Payment Notice to Owner [8520 - 8522] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8520. (a) A person that has a lien right under Chapter 4 (commencing with Section 8400), other than a direct contractor, may give the owner a stop payment notice. (b) The owner may give notice, in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, demanding that a person that has a lien right under Chapter 4 (commencing with Section 8400) give the owner a stop payment notice. If the person fails to give the owner a bonded or unbonded stop payment notice, the person forfeits the right to a lien under Chapter 4 (commencing with Section 8400). (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  100. 8522.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Stop Payment Notice to Owner [8520 - 8522] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    After receiving a stop payment notice, an owner must withhold enough money to cover the claim, unless subdivision (b) applies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Stop Payment Notice to Owner [8520 - 8522] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8522. (a) Except as provided in subdivision (b), on receipt of a stop payment notice an owner shall withhold from the direct contractor or from any person acting under authority of a direct contractor a sufficient amount due or to become due to the direct contractor to pay the claim stated in the notice. (b) The owner may, but is not required to, withhold funds if the owner has previously recorded a payment bond under Section 8600. If the owner does not withhold funds, the owner shall, within 30 days after receipt of the stop payment notice, give notice to the claimant that a payment bond has been recorded and provide the claimant a copy of the bond. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  101. 853.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. )

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    This section limits liabilities and duties arising from notices and commitment statements, and lets a notice recipient recover certain response costs from responsible parties.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. ) ## 853. (a) Neither the failure to issue a commitment statement nor its issuance shall be construed as an admission that the recipient of the notice of potential liability is liable under any federal, state, or local law, including common law, for the release that the party agrees to investigate or respond. Neither the failure to issue a commitment statement nor the contents of the commitment statement shall be admissible evidence in any proceeding, as defined in Section 901 of the Evidence Code, except that the contents of the commitment statement shall be admissible evidence in an action to enforce the commitment statement to the extent that the contents would be admissible under other applicable law. (b) Nothing in this chapter shall subject a notice recipient to any damages, fines, or penalties for a failure to make a written response, either positive or negative, to a notice of potential liability. (c) Nothing in this chapter shall subject the owner of a site to any damages, fines, or penalties for a failure to send a notice of potential liability pursuant to Section 851. Failure by the owner of a site to send a notice of potential liability of a release in a timely fashion shall not be deemed to create any liability for the owner under a theory of negligence per se. (d) Nothing in this chapter imposes an affirmative duty on the owner of a site, or any potentially responsible party, to discover, or determine the nature or extent of, a hazardous materials release at the site. This chapter does not affect an affirmative duty described in this subdivision to the extent that duty is imposed by any other law. (e) Subject to the defenses specified in Sections 101(35) and 107(b) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Secs. 9601(35) and 9607(b)), a cause of action is hereby established whereby a notice recipient may recover from any responsible party any reasonable response costs for conducting a response action as may be approved or overseen by an oversight agency or as incurred pursuant to a commitment statement. Liability among responsible parties shall be allocated based upon the equitable factors specified in former subdivision (c) of former Section 25356.3 of the Health and Safety Code, as it existed prior to its repeal by Chapter 39 of the Statutes of 2012. No third-party beneficiary rights are created by a commitment statement, except as provided in subdivision (b) of Section 854. This cause of action applies to costs incurred prior to enactment of this subdivision. However, no recovery may be obtained under this subdivision for costs incurred more than three years prior to the filing of litigation to recover those costs. The cause of action established pursuant to this subdivision shall not apply against a current or former owner of a site unless that owner operated a business that caused a release being addressed by a response action at the site and the costs incurred by the notice recipient were in response to a release caused by the owner. (f) Nothing in this chapter shall affect or limit the rights of an owner under preexisting contract. Nothing in this chapter shall affect or limit the right of a notice recipient and owner to agree to an allocation of liability or to an assignment of rights and obligations that is different from or inconsistent with this chapter. Agreements allocating liability or assigning rights and obligations shall supersede the terms of this chapter. (g) Nothing in this chapter shall make a notice recipient a responsible party, beyond the obligations the notice recipient undertakes pursuant to this chapter. (h) Nothing in this chapter shall apply to causes of action for wrongful death or personal injury. However, the pleading of a cause of action for wrongful death or personal injury shall not affect the applicability of this chapter to other causes of action in the same civil action. (Amended by Stats. 2022, Ch. 258, Sec. 4. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  102. 8530.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A person with a lien right under Chapter 4 may give a construction lender a stop payment notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8530. A person that has a lien right under Chapter 4 (commencing with Section 8400) may give a construction lender a stop payment notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  103. 8532.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A claimant may give a construction lender a stop payment notice if it is accompanied by a bond equal to 125% of the claim amount.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8532. A claimant may give a construction lender a stop payment notice accompanied by a bond in an amount equal to 125 percent of the amount of the claim. The bond shall be conditioned that if the defendant recovers judgment in an action to enforce payment of the claim stated in the stop payment notice or to enforce a claim of lien recorded by the claimant, the claimant will pay all costs that are awarded the owner, direct contractor, or construction lender, and all damages to the owner, direct contractor, or construction lender that result from the stop payment notice or recordation of the claim of lien, not exceeding the amount of the bond. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  104. 8534.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗
    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8534. (a) A construction lender that objects to the sufficiency of sureties on the bond given with a bonded stop payment notice shall give notice to the claimant of the objection, within 20 days after the bonded stop payment notice is given. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (b) The claimant may within 10 days after notice of the objection is given substitute for the initial bond a bond executed by an admitted surety insurer. If the claimant does not substitute a bond executed by an admitted surety insurer, the construction lender may disregard the bonded stop payment notice and release all funds withheld in response to that notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  105. 8536.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A construction lender must withhold enough construction-fund money to cover a stop payment notice claim when the notice is received, unless subdivision (b) applies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8536. (a) Except as provided in subdivision (b), on receipt of a stop payment notice a construction lender shall withhold from the borrower or other person to whom the lender or the owner is obligated to make payments or advancement out of the construction fund sufficient funds to pay the claim stated in the notice. (b) The construction lender may, at its option, elect not to withhold funds in any of the following circumstances: (1) The stop payment notice is unbonded. (2) The stop payment notice is given by a claimant other than a direct contractor, and a payment bond is recorded before the lender is given any stop payment notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  106. 8538.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A claimant may ask for notice if a construction lender decides not to withhold funds, and the lender must send notice within 30 days if requested.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Payment Notice to Construction Lender [8530 - 8538] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8538. (a) The claimant may make a written request for notice of an election by the construction lender under Section 8536 not to withhold funds. The request shall be made at the time the claimant gives the construction lender the stop payment notice and shall be accompanied by a preaddressed, stamped envelope. (b) If the construction lender elects not to withhold funds under Section 8536, the lender shall, within 30 days after making the election, give notice of that fact to a claimant who has requested notice of the election under subdivision (a). The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. If the basis of the election is the recordation of a payment bond under Section 8600, the construction lender shall include a copy of the bond with the notice. (c) A construction lender is not liable for failure to include a copy of the bond with the notice under this section if all of the following conditions are satisfied: (1) The failure was not intentional and resulted from a bona fide error. (2) The lender maintains reasonable procedures to avoid an error of that type. (3) The lender corrected the error not later than 20 days after the date the lender discovered the violation. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  107. 854.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. )

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    This section sets out the required form of a commitment statement for a site with hazardous materials issues, including duties to accept site-response obligations, share information, allow access, give notices, and follow timing rules.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. ) ## 854. A commitment statement shall be executed in substantially the following form: COUNTY OF STATE OF CALIFORNIA NOTICE OF ASSUMPTION OF GOVERNMENT IMPOSED SITE INVESTIGATION AND/OR REMEDIAL ACTION ORDERS (“COMMITMENT STATEMENT”) (a) The undersigned notice recipient is aware of, or has received a notice of potential liability pursuant to, Section 851 of the Civil Code (“notice of potential liability”) in connection with a release of hazardous materials at a parcel of property (“site”) having the following legal description: (Insert description here) (b) The undersigned notice recipient and the undersigned owner of the site and the owner’s successors, heirs, and assigns agree, upon the proper and timely execution and delivery of this commitment statement, to abide by the requirements of Chapter 3 (commencing with Section 850) of Title 3 of Part 2 of Division 2 in connection with the release that is the subject of the notice of potential liability. (c) The undersigned notice recipient hereby commits to undertake any response action as required by an oversight agency through a written action, directed to the owner or notice recipient, in connection with the release that is the subject of the notice of potential liability or release report. This commitment runs with the land and binds, in addition to the current owner of the site, all of the owner’s successors in interest, including current and future lenders having a security interest in the site. (d) The owner of the site and the owner’s successors, heirs, and assigns agree, upon the proper and timely execution and delivery of this commitment statement, to all of the following: (1) The undersigned notice recipient or the party’s designee shall be allowed such access to the site as may be required to perform its obligations under this commitment statement, provided that the undersigned notice recipient shall be liable for any physical damage it causes in conducting a response action, which the notice recipient fails to repair within a reasonable period after completion of all onsite activities. (2) The parties, their successors, heirs, and assigns shall provide each other with copies of any communication or correspondence with an oversight agency in connection with the release of hazardous materials at the site. (3) Provided that the undersigned notice recipient performs all of its obligations under this commitment statement, and except as otherwise provided in subdivisions (c) and (e) of Section 852 of the Civil Code, no claim for damages, accruing after the acceptance of the commitment statement, shall be brought against the undersigned notice recipient by the owner of the site or by the owner’s successors, heirs, and assigns. (e) The contents of this commitment statement shall be inadmissible evidence in any proceeding, as defined in Section 901 of the Evidence Code, except in an action to enforce this commitment statement to the extent that such contents would be admissible under other applicable law. This commitment statement may be enforced fully by the owner of the site and all parties identified in paragraph (b). There are no third-party beneficiary rights created by this commitment statement. (f) The owner of the site shall provide a copy of this commitment statement to any prospective purchaser or lessee of the site until this commitment statement is terminated or until all response actions have been completed in accordance with the commitment statement. (g) If the owner transfers the site, the owner shall notify the undersigned parties to this commitment statement, by mail, within 14 business days of the property transfer. (h) As provided by law, this commitment statement shall become effective if the owner executes this commitment statement within 45 days from the date of issuance, in which case its terms shall go into effect upon receipt of that acceptance by the issuer of this commitment statement. If the owner rejects this commitment statement, the rejection shall be subject to the mediation provisions of subdivision (b) of Section 852. (i) If at the end of two years from the date of acceptance of this commitment statement, an oversight agency has not issued a written action directed to the owner or notice recipient, the owner has 60 days in which he or she may terminate the commitment statement; and, in this event, it shall have no further force or effect. Notice recipient Date (Notice recipient’s name, address, and telephone number) (Notarial affidavit) _____ Owner Date (Owner’s name, address, and telephone number) (Notarial affidavit) _____ (Added by Stats. 1997, Ch. 873, Sec. 1. Effective January 1, 1998.)
  108. 8540.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Priorities [8540 - 8544] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Funds withheld under a stop payment notice must be paid out first to bonded stop payment notice claimants, then to unbonded stop payment notice claimants, with pro rata distribution if funds are not enough.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Priorities [8540 - 8544] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8540. (a) Funds withheld pursuant to a stop payment notice shall be distributed in the following order of priority: (1) First, to pay claims of persons that have given a bonded stop payment notice. If funds are insufficient to pay the claims of those persons in full, the funds shall be distributed pro rata among the claimants in the ratio that the claim of each bears to the aggregate of all claims for which a bonded stop payment notice is given. (2) Second, to pay claims of persons that have given an unbonded stop payment notice. If funds are insufficient to pay the claims of those persons in full, the funds shall be distributed among the claimants in the ratio that the claim of each bears to the aggregate of all claims for which an unbonded stop payment notice is given. (b) Pro rata distribution under this section shall be made among the persons entitled to share in the distribution without regard to the order in which the person has given a stop payment notice or commenced an enforcement action. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  109. 8542.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Priorities [8540 - 8544] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section limits how much a direct contractor or subcontractor may recover when a construction lender withholds funds under a stop payment notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Priorities [8540 - 8544] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8542. Notwithstanding Section 8540: (a) If funds are withheld pursuant to a stop payment notice given to a construction lender by a direct contractor or subcontractor, the direct contractor or subcontractor may recover only the net amount due the direct contractor or subcontractor after deducting any funds that are withheld by the construction lender pursuant to the claims of subcontractors and material suppliers that have given a stop payment notice for work done on behalf of the direct contractor or subcontractor. (b) In no event is the construction lender required to withhold, pursuant to a stop payment notice, more than the net amount provided in subdivision (a). Notwithstanding any other provision of this chapter, a construction lender is not liable for failure to withhold more than that net amount on receipt of a stop payment notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  110. 8544.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Priorities [8540 - 8544] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant who gives a construction lender a stop payment notice keeps those rights even if the owner or direct contractor assigns construction loan funds, and the notice has priority over that assignment.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Stop Payment Notice [8500 - 8560] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Priorities [8540 - 8544] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8544. The rights of a claimant who gives a construction lender a stop payment notice are not affected by an assignment of construction loan funds made by the owner or direct contractor, and the stop payment notice has priority over the assignment, whether the assignment is made before or after the stop payment notice is given. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  111. 855.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. )

    Verify source ↗

    Section 855 delays the effective date of Section 851’s notification requirements until 180 days after this chapter takes effect.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855] ( Title 3 enacted 1872. ) ## CHAPTER 3. Environmental Responsibility Acceptance Act [850 - 855] ( Chapter 3 added by Stats. 1997, Ch. 873, Sec. 1. ) ## 855. The notification requirements of Section 851 shall not become effective until 180 days after the effective date of this chapter. (Added by Stats. 1997, Ch. 873, Sec. 1. Effective January 1, 1998.)
  112. 86.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. )

    Verify source ↗

    The prevailing party in a qualifying action may recover reasonable attorney’s fees and taxable court costs.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.9. CALIFORNIA FAIR DEALERSHIP LAW [80 - 86] ( Part 2.9 added by Stats. 1980, Ch. 914, Sec. 1. ) ## 86. The prevailing party in any action based on a violation of the provisions of this part shall be entitled to recover reasonable attorney’s fees and taxable court costs. (Added by Stats. 1980, Ch. 914, Sec. 1.)
  113. 8600.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section applies only if the owner files a direct contract with the county recorder before work starts and records a payment bond for at least 50% of the direct contract price.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8600. (a) This section applies if, before the commencement of work, the owner in good faith files a direct contract with the county recorder, and records a payment bond of the direct contractor in an amount not less than 50 percent of the price stated in the direct contract. (b) If the conditions of subdivision (a) are satisfied, the court shall, where equitable to do so, restrict lien enforcement under this title to the aggregate amount due from the owner to the direct contractor and shall enter judgment against the direct contractor and surety on the bond for any deficiency that remains between the amount due to the direct contractor and the whole amount due to claimants. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  114. 8602.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    An owner may require a performance bond, payment bond, or other security to protect against a direct contractor’s failure to perform or to pay fully under the contract.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8602. Section 8600 does not preclude an owner from requiring a performance bond, payment bond, or other security as protection against a direct contractor’s failure to perform the direct contract or to make full payment for all work provided pursuant to the contract. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  115. 8604.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A lending institution that requires a payment bond for financing a work of improvement cannot later challenge the bond’s validity or refuse the loan because of an objection to the bond if the bond is given by an admitted surety insurer.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8604. (a) If a lending institution requires that a payment bond be given as a condition of lending money to finance a work of improvement, and accepts in writing as sufficient a bond given in fulfillment of the requirement, the lending institution may not thereafter object to the borrower as to the validity of the bond or refuse to make the loan based on an objection to the bond if the bond is given by an admitted surety insurer. (b) For purposes of this section, a “lending institution” includes a commercial bank, savings and loan institution, credit union, or other organization or person engaged in the business of financing loans. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  116. 8606.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A payment bond must be issued by an admitted surety insurer and must cover payment of all claimants’ claims.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8606. (a) A payment bond under this title shall be conditioned for the payment in full of the claims of all claimants and shall by its terms inure to the benefit of all claimants so as to give a claimant a right of action to enforce the liability on the bond. The bond shall be given by an admitted surety insurer. (b) An owner, direct contractor, or subcontractor may be the principal on the bond. (c) A claimant may enforce the liability on the bond in an action to enforce a lien under this part or in a separate action on the bond. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  117. 8608.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant cannot recover on a direct contractor’s payment bond unless the claimant provided work to the direct contractor, directly or through subcontractors, under a direct contract.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8608. (a) This title does not give a claimant a right to recover on a direct contractor’s payment bond given under this chapter unless the claimant provided work to the direct contractor either directly or through one or more subcontractors, pursuant to a direct contract. (b) Nothing in this section affects the stop payment notice right of, and relative priorities among, design professionals and holders of secured interests in the real property. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  118. 8609.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A payment bond cannot validly shorten the time to sue on the bond below the Section 337 period, including a limit shorter than six months from completion of the work of improvement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8609. Any provision in a payment bond attempting by contract to shorten the period prescribed in Section 337 of the Code of Civil Procedure for the commencement of an action on the bond shall not be valid under either of the following circumstances: (a) If the provision attempts to limit the time for commencement of an action on the bond to a shorter period than six months from the completion of any work of improvement. (b) As applied to any action brought by a claimant, unless the bond is recorded before the work of improvement is commenced. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  119. 8610.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If a payment bond under this title is recorded before a work of improvement is finished, an action to enforce the bond’s liability must be started within six months after completion.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8610. Notwithstanding Section 8609, if a payment bond under this title is recorded before completion of a work of improvement, an action to enforce the liability on the bond may not be commenced later than six months after completion of the work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  120. 8612.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    To enforce a claim against a payment bond, a claimant must give the preliminary notice. If preliminary notice was not given, the claimant may still enforce the claim by giving written notice to the surety and bond principal within the stated deadlines.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8612. (a) In order to enforce a claim against a payment bond under this title, a claimant shall give the preliminary notice provided in Chapter 2 (commencing with Section 8200). (b) If preliminary notice was not given as provided in Chapter 2 (commencing with Section 8200), a claimant may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving written notice to the surety and the bond principal is extended to 75 days after completion of the work of improvement. (c) Commencing July 1, 2012, and except as provided in subdivision (b), if the preliminary notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given notice as provided in Chapter 2 (commencing with Section 8200), that person may enforce a claim by giving written notice to the surety and the bond principal, as provided in Section 8614, within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving written notice to the surety and the bond principal is extended to 75 days after completion of the work of improvement. (d) Subdivision (c) shall not apply in either of the following circumstances: (1) All progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services. (2) The subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services has been terminated from the project pursuant to the contract, and all progress payments, except those disputed in good faith, have been made as of the termination date. (e) Pursuant to Section 8200, this section shall not apply to a laborer, as defined under Section 8024. (f) This section shall become operative on July 1, 2012. (Amended (as to be added by Stats. 2010, Ch. 697) by Stats. 2011, Ch. 700, Sec. 3. (SB 293) Effective January 1, 2012. Operative July 1, 2012, pursuant to Stats. 2010, Ch. 697, Sec. 105, and this section's own provisions.)
  121. 8614.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A notice to the principal and surety under Section 8612 must meet the requirements of Chapter 2 of Title 1, starting with Section 8100.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 6. Payment Bond [8600 - 8614] ( Chapter 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8614. Notice to the principal and surety under Section 8612 shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  122. 8700.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Chapter [8700 - 8704] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says Chapter 7 applies to certain large private works of improvement when the property owner’s contract price is above specified dollar thresholds.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Chapter [8700 - 8704] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8700. (a) This chapter applies if any of the following conditions is satisfied: (1) The owner of the fee interest in property contracts for a work of improvement on the property with a contract price greater than five million dollars ($5,000,000). (2) The owner of a less than fee interest in property, including a leasehold interest, contracts for a work of improvement on the property with a contract price greater than one million dollars ($1,000,000). (b) For the purpose of this section: (1) The owner of the fee interest in property is not deemed to be the owner of a less than fee interest by reason of a mortgage, deed of trust, ground lease, or other lien or encumbrance or right of occupancy that encumbers the fee interest. (2) A lessee of real property is deemed to be the owner of a fee interest in the real property if all of the following conditions are satisfied: (A) The initial term of the lease is at least 35 years. (B) The lease covers one or more lawful parcels under the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinance adopted under that act, in their entirety, including, but not limited to, a parcel approved pursuant to a certificate of compliance proceeding. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  123. 8702.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Chapter [8700 - 8704] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This chapter does not apply to certain works of improvement, including single-family residences and housing developments eligible for a density bonus.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Chapter [8700 - 8704] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8702. This chapter does not apply to any of the following works of improvement: (a) A single-family residence, including a single-family residence located within a subdivision, and any associated fixed work that requires the services of a general engineering contractor as defined in Section 7056 of the Business and Professions Code. As used in this subdivision, “single-family residence” means a real property improvement used or intended to be used as a dwelling unit for one family. (b) A housing development eligible for a density bonus under Section 65915 of the Government Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  124. 8704.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Chapter [8700 - 8704] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Some owners are exempt from this chapter if they meet the listed company and guarantee requirements.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Chapter [8700 - 8704] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8704. This chapter does not apply to any of the following owners: (a) A qualified publicly traded company or a wholly owned subsidiary of a qualified publicly traded company, if the obligations of the subsidiary pursuant to the contract for the work of improvement are guaranteed by the parent. As used in this subdivision, “qualified publicly traded company” means a company having a class of equity securities listed for trading on the New York Stock Exchange, the American Stock Exchange, or the NASDAQ stock market, and the nonsubordinated debt securities of which are rated as “investment grade” by either Fitch ICBA, Inc., Moody’s Investor Services, Inc., Standard & Poor’s Ratings Services, or a similar statistical rating organization that is nationally recognized for rating the creditworthiness of a publicly traded company. If at any time before final payment of all amounts due pursuant to the contract the nonsubordinated debt securities of the qualified publicly traded company are downgraded to below “investment grade” by any of those rating organizations, the owner is no longer exempt from this chapter. (b) A qualified private company or a wholly owned subsidiary of a qualified private company, if the obligations of the subsidiary pursuant to the contract for the work of improvement are guaranteed by the parent. As used in this subdivision, “qualified private company” means a company that has no equity securities listed for trading on the New York Stock Exchange, the American Stock Exchange, or the NASDAQ stock market, and that has a net worth determined in accordance with generally accepted accounting principles in excess of fifty million dollars ($50,000,000). If at any time before final payment of all amounts due pursuant to the contract the net worth of the qualified private company is reduced below that level, the owner is no longer exempt from this chapter. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  125. 8710.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Certain owners must give the direct contractor payment security and a certified copy of recorded loan security documents, unless the owner is the majority owner of the direct contractor.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8710. An owner described in subdivision (a) of Section 8700 shall provide the direct contractor all of the following: (a) Security for the owner’s payment obligation pursuant to the contract. The security shall be used only if the owner defaults on the payment obligation to the direct contractor. This subdivision does not apply to an owner that is the majority owner of the direct contractor. (b) A copy, certified by the county recorder, of any recorded mortgage or deed of trust that secures the construction loan of a lending institution for the work of improvement, disclosing the amount of the loan. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  126. 8712.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If an owner fails to provide or maintain required security, the direct contractor may demand it by notice and may suspend work if the owner does not comply within 10 days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8712. If an owner fails to provide or maintain the security required by this chapter, the direct contractor may give the owner notice demanding security. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. If the owner does not provide or maintain the security within 10 days after notice demanding security is given, the direct contractor may suspend work until the owner provides or maintains the security. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  127. 8714.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This chapter’s provisions cannot be waived by contract as a matter of public policy.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8714. It is against public policy to waive the provisions of this chapter by contract. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  128. 8716.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This chapter does not change other statutes on mechanics liens, stop payment notices, bond remedies, or a subcontractor’s prompt payment rights.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Security Requirement [8710 - 8716] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8716. This chapter does not affect any statute providing for mechanics liens, stop payment notices, bond remedies, or prompt payment rights of a subcontractor, including the direct contractor’s payment responsibilities under Section 7108.5 of the Business and Professions Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  129. 8720.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    An owner must provide security using a qualifying bond, irrevocable letter of credit, or escrow account.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8720. An owner shall provide security by any of the following means: (a) A bond that satisfies Section 8722. (b) An irrevocable letter of credit that satisfies Section 8724. (c) An escrow account that satisfies Section 8726. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  130. 8722.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A bond under this chapter must meet three requirements: it must be issued by a qualifying admitted surety insurer, be for at least 15% of the contract price (or 25% if the work will be substantially completed within six months), and be conditioned on payment of certain undisputed amounts overdue more than 30 days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8722. A bond under this chapter shall satisfy all of the following requirements: (a) The bond shall be executed by an admitted surety insurer that is either listed in the Department of the Treasury’s Listing of Approved Sureties (Department Circular 570) or that has an A.M. Best rating of A or better and has an underwriting limitation, under Section 12090 of the Insurance Code, greater than the amount of the bond. (b) The bond shall be in an amount not less than 15 percent of the contract price for the work of improvement or, if the work of improvement is to be substantially completed within six months after the commencement of work, not less than 25 percent of the contract price. (c) The bond shall be conditioned for payment on default by the owner of any undisputed amount pursuant to the contract that is due and payable for more than 30 days. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  131. 8724.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    An irrevocable letter of credit for a large project must meet set issuance and amount requirements, and the owner must keep it in effect until the direct contractor is paid.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8724. An irrevocable letter of credit under this chapter shall satisfy all of the following requirements: (a) The letter of credit shall be issued by a financial institution, as defined in Section 5107 of the Financial Code, inuring to the benefit of the direct contractor. (b) The letter of credit shall be in an amount not less than 15 percent of the contract price for the work of improvement or, if the work of improvement is to be substantially completed within six months after the commencement of work, not less than 25 percent of the contract price. (c) The maturity date and other terms of the letter of credit shall be determined by agreement between the owner, the direct contractor, and the financial institution, except that the owner shall maintain the letter of credit in effect until the owner has satisfied its payment obligation to the direct contractor. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  132. 8726.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    Escrow accounts for large projects must meet specific setup and control rules, including naming, location, licensing, deposits, and joint control of disbursements.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8726. An escrow account under this chapter shall satisfy all of the following requirements: (a) The account shall be designated as a “construction security escrow account.” (b) The account shall be located in this state and maintained with an escrow agent licensed under the Escrow Law, Division 6 (commencing with Section 17000) of the Financial Code, or with any person exempt from the Escrow Law under paragraph (1) or (3) of subdivision (a) of Section 17006 of the Financial Code. (c) The owner shall deposit funds in the account in the amount provided in Section 8728. This chapter does not require a construction lender to agree to deposit proceeds of a construction loan in the account. (d) The owner shall grant the direct contractor a perfected, first priority security interest in the account and in all funds deposited by the owner in the account and in their proceeds, established to the reasonable satisfaction of the direct contractor, which may be by a written opinion of legal counsel for the owner. (e) The funds on deposit in the account shall be the sole property of the owner, subject to the security interest of the direct contractor. The owner and the direct contractor shall instruct the escrow holder to hold the funds on deposit in the account for the purpose of perfecting the direct contractor’s security interest in the account and to disburse those funds only on joint authorization of the owner and the direct contractor, or pursuant to a court order that is binding on both of them. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  133. 8728.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    The owner must deposit specified amounts into the construction security escrow account and the owner and direct contractor must authorize certain disbursements from it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8728. The following provisions govern a deposit to or disbursement from a construction security escrow account under this chapter: (a) Before the commencement of work the owner shall make an initial deposit to the account in an amount not less than 15 percent of the contract price for the work of improvement or, if the work of improvement is to be substantially completed within six months after the commencement of work, not less than 25 percent of the contract price. (b) If the contract provides for a retention to be withheld from a periodic payment to the direct contractor, the owner shall deposit to the account the amount withheld as retention at the time the owner makes the corresponding payment to the direct contractor from which the retention is withheld. (c) The amount required to be maintained on deposit shall not exceed the total amount remaining to be paid to the direct contractor pursuant to the contract or as adjusted by agreement between the owner and the direct contractor. If the amount on deposit equals or exceeds the total amount remaining to be paid to the direct contractor, the owner and the direct contractor shall authorize disbursement to the direct contractor for progress payments then due the direct contractor, but a party is not obligated to authorize disbursement that would cause the amount remaining on deposit following the disbursement to be less than the total amount remaining to be paid to the direct contractor. (d) The owner and the direct contractor shall authorize the disbursement to the owner of any funds remaining on deposit after the direct contractor has been paid all amounts due pursuant to the contract. The owner and the direct contractor shall authorize the disbursement of funds on deposit pursuant to a court order that is binding on both of them. The owner and the direct contractor may agree in the contract to additional conditions for the disbursement of funds on deposit, except that the conditions may not cause the amount remaining on deposit to be less than the amount required under this section. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  134. 8730.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

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    If a work-of-improvement contract price is not fixed, the security amount must be the guaranteed maximum price, or if there is none, the owner’s and direct contractor’s good-faith estimate of the work’s reasonable value.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 7. Security for Large Project [8700 - 8730] ( Chapter 7 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Form of Security [8720 - 8730] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8730. If the contract price for a work of improvement is not a fixed price, the amount of security provided under this chapter shall be the guaranteed maximum price or, if there is no guaranteed maximum price, the owner’s and direct contractor’s good faith estimate of the reasonable value of the work to be provided pursuant to the contract. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  135. 880.020.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 1. Construction [880.020 - 880.030] ( Article 1 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    The Legislature states that real property should be freely alienable and marketable as much as practicable, and that this title is meant to simplify and facilitate real property title transactions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 1. Construction [880.020 - 880.030] ( Article 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.020. (a) The Legislature declares as public policy that: (1) Real property is a basic resource of the people of the state and should be made freely alienable and marketable to the extent practicable in order to enable and encourage full use and development of the real property, including both surface and subsurface interests. (2) Interests in real property and defects in titles created at remote times, whether or not of record, often constitute unreasonable restraints on alienation and marketability of real property because the interests are no longer valid or have been abandoned or have otherwise become obsolete. (3) Such interests and defects produce litigation to clear and quiet titles, cause delays in real property title transactions, and hinder marketability of real property. (4) Real property title transactions should be possible with economy and expediency. The status and security of recorded real property titles should be determinable to the extent practicable from an examination of recent records only. (b) It is the purpose of the Legislature in enacting this title to simplify and facilitate real property title transactions in furtherance of public policy by enabling persons to rely on record title to the extent provided in this title, with respect to the property interests specified in this title, subject only to the limitations expressly provided in this title and notwithstanding any provision or implication to the contrary in any other statute or in the common law. This title shall be liberally construed to effect the legislative purpose. (Amended by Stats. 2011, Ch. 46, Sec. 1. (SB 284) Effective January 1, 2012.)
  136. 880.030.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 1. Construction [880.020 - 880.030] ( Article 1 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    This section says the title must not be read to limit waiver, estoppel, laches, or other equitable principles, and it must not be read to affect recording statutes unless the title specifically provides otherwise.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 1. Construction [880.020 - 880.030] ( Article 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.030. Nothing in this title shall be construed to: (a) Limit application of the principles of waiver and estoppel, laches, and other equitable principles. (b) Affect the operation of any statute governing the effect of recording or failure to record, except as specifically provided in this title. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  137. 880.240.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 2. Application of Title [880.240 - 880.260] ( Article 2 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    Some listed real-property interests are exempt from expiration or record-expiration under this title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 2. Application of Title [880.240 - 880.260] ( Article 2 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.240. The following interests are not subject to expiration or expiration of record pursuant to this title: (a) The interest of a person in possession (including use or occupancy) of real property and the interest of a person under whom a person in possession claims, to the extent the possession would have been revealed by reasonable inspection or inquiry. (b) An interest of the United States or pursuant to federal law in real property that is not subjected by federal law to the recording requirements of the state and that has not terminated under federal law. (c) An interest of the state or a local public entity in real property. (d) A conservation easement pursuant to Chapter 4 (commencing with Section 815) of Title 2. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  138. 880.250.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 2. Application of Title [880.240 - 880.260] ( Article 2 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    The title’s prescribed time limits are absolute and are not extended by disability, lack of knowledge, tolling, or longer limitation periods.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 2. Application of Title [880.240 - 880.260] ( Article 2 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.250. (a) The times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an action, or for doing any other required act are absolute and apply notwithstanding any disability or lack of knowledge of any person or any provisions for tolling a statute of limitation and notwithstanding any longer time applicable pursuant to any statute of limitation. (b) Nothing in this title extends the period for enforcement, for bringing an action, or for doing any other required act, or revives an interest in real property that expires and is unenforceable, pursuant to any applicable statute of limitation. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  139. 880.260.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 2. Application of Title [880.240 - 880.260] ( Article 2 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A real-property interest covered by this title will not expire or become unenforceable if a qualifying action is started in time and a notice of pendency is recorded.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 2. Application of Title [880.240 - 880.260] ( Article 2 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.260. An interest in real property, as specified in this title, does not expire or expire of record and is not unenforceable pursuant to this title at the time prescribed in this title if within the time an action is commenced to enforce, establish, clear title to, or otherwise affect the interest and a notice of the pendency of the action is recorded as provided by law. For the purpose of this section, action includes special proceeding and arbitration proceeding. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  140. 880.310.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A person may preserve a real-property interest from expiring by recording a notice of intent to preserve it before the interest expires.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.310. (a) If the time within which an interest in real property expires pursuant to this title depends upon recordation of a notice of intent to preserve the interest, a person may preserve the person’s interest from expiration by recording a notice of intent to preserve the interest before the interest expires pursuant to this title. Recordation of a notice of intent to preserve an interest in real property after the interest has expired pursuant to this title does not preserve the interest. (b) Recordation of a notice of intent to preserve an interest in real property does not preclude a court from determining that an interest has been abandoned or is otherwise unenforceable pursuant to other law, whether before or after the notice of intent to preserve the interest is recorded, and does not validate or make enforceable a claim or interest that is otherwise invalid or unenforceable. Recordation of a notice of intent to preserve an interest in real property creates a presumption affecting the burden of proof that the person who claims the interest has not abandoned and does not intend to abandon the interest. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  141. 880.320.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A person claiming an interest in real property, or an authorized person acting for a claimant in limited circumstances, may record a notice of intent to preserve that interest.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.320. A notice of intent to preserve an interest in real property may be recorded by any of the following persons: (a) A person who claims the interest. (b) Another person acting on behalf of a claimant if the person is authorized to act on behalf of the claimant or if the claimant is one of a class whose identity cannot be established or is uncertain at the time of recording the notice of intent to preserve the interest. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  142. 880.330.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A claimant who files a notice of intent to preserve an interest in real property must put it in writing, sign and verify it, and include required identifying and property information.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.330. Subject to all statutory requirements for recorded documents: (a) A notice of intent to preserve an interest in real property shall be in writing and signed and verified by or on behalf of the claimant. If the notice is made on behalf of a claimant, the notice shall include a statement of the authority of the person making the notice. (b) The notice shall contain all of the following information: (1) The name and mailing address of the claimant. If the notice is made by or on behalf of more than one claimant the notice shall contain the name and mailing address of each claimant. (2) A statement of the character of interest claimed. The statement shall include a reference by record location to the recorded document that creates or evidences the interest in the claimant. (3) A legal description of the real property in which the interest is claimed. The description may be the same as that contained in the recorded document that creates or evidences the interest in the claimant. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  143. 880.340.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A notice of intent to preserve an interest in real property must follow the stated form and be indexed in the grantor/grantee index, with each claimant treated as a grantor.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.340. Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the following form: RECORDING INFORMATION Recording requested by: FOR USE OF COUNTY RECORDER After recording return to: Indexing instructions. This notice must be indexed as follows: Grantor and grantee index—each claimant is a grantor. NOTICE OF INTENT TO PRESERVE INTEREST This notice is intended to preserve an interest in real property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title). Claimant Name: Mailing address: (must be given for each claimant) Interest Character (e.g., power of termination): Record location of document creating or evidencing interest in claimant: Real Property Legal description (may be same as in recorded document creating or evidencing interest in claimant): I assert under penalty of perjury that this notice is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this notice is true. If this notice is made on behalf of a claimant, I assert under penalty of perjury that I am authorized to act on behalf of the claimant. Signed: (claimant) (person acting on behalf of claimant) Date: Certificate of acknowledgment required. (Amended by Stats. 2012, Ch. 94, Sec. 1. (AB 1642) Effective January 1, 2013.)
  144. 880.350.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A notice of intent to preserve an interest in real property must be recorded in the county where the property is located, and the county recorder must index it in the grantor/grantee index.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.350. (a) A notice of intent to preserve an interest in real property shall be recorded in the county in which the real property is situated. (b) The county recorder shall index a notice of intent to preserve an interest in real property in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the claimant under the notice shall be deemed to be the grantor. If a notice of intent to preserve is recorded by or on behalf of more than one claimant, each claimant shall be deemed to be a grantor and a separate index entry shall be made for each claimant. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  145. 880.360.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A person may not record a notice to preserve an interest in real property if the purpose is to slander title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.360. A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real property. If the court in an action or proceeding to establish or quiet title determines that a person recorded a notice of intent to preserve an interest for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  146. 880.370.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    If the recording deadline for a notice of intent to preserve a real-property interest would expire before, on, or within five years after the statute’s operative date, the deadline is extended to five years after that operative date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 1. General Provisions [880.020 - 880.370] ( Chapter 1 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## ARTICLE 3. Preservation of Interests [880.310 - 880.370] ( Article 3 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 880.370. If the period prescribed by statute during which a notice of intent to preserve an interest in real property must be recorded expires before, on, or within five years after the operative date of the statute, the period is extended until five years after the operative date of the statute. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  147. 8800.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Progress Payment [8800 - 8802] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The owner must pay undisputed progress payments to the direct contractor within 30 days after proper notice, unless the parties agree otherwise in writing.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Progress Payment [8800 - 8802] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8800. (a) Except as otherwise agreed in writing by the owner and direct contractor, the owner shall pay the direct contractor, within 30 days after notice demanding payment pursuant to the contract is given, any progress payment due as to which there is no good faith dispute between them. The notice given shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (b) If there is a good faith dispute between the owner and direct contractor as to a progress payment due, the owner may withhold from the progress payment an amount not in excess of 150 percent of the disputed amount. (c) An owner that violates this section is liable to the direct contractor for a penalty of 2 percent per month on the amount wrongfully withheld, in place of any interest otherwise due. In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney’s fee. (d) This section does not supersede any requirement of Article 2 (commencing with Section 8810) relating to the withholding of a retention. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  148. 8802.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Progress Payment [8800 - 8802] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor must pay a subcontractor within 21 days after receiving a progress payment from a public utility, unless they agree otherwise in writing.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Progress Payment [8800 - 8802] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8802. (a) This section applies to a contract between a public utility and a direct contractor for all or part of a work of improvement. (b) Unless the direct contractor and a subcontractor otherwise agree in writing, within 21 days after receipt of a progress payment from the public utility the direct contractor shall pay the subcontractor the amount allowed the direct contractor on account of the work performed by the subcontractor to the extent of the subcontractor’s interest in the work. If there is a good faith dispute over all or part of the amount due on a progress payment from the direct contractor to a subcontractor, the direct contractor may withhold an amount not in excess of 150 percent of the disputed amount. (c) A direct contractor that violates this section is liable to the subcontractor for a penalty of 2 percent of the disputed amount due per month for every month that payment is not made. In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney’s fee. (d) This section does not limit or impair a contractual, administrative, or judicial remedy otherwise available to a contractor or subcontractor in a dispute involving late payment or nonpayment by the contractor or deficient performance or nonperformance by the subcontractor. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  149. 8810.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This article governs retention payments withheld by an owner from a direct contractor, or by a direct contractor from a subcontractor.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8810. This article governs a retention payment withheld by an owner from a direct contractor or by a direct contractor from a subcontractor. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  150. 8811.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section limits retention on private works of improvement contracts and requires courts to award reasonable attorney’s fees in enforcement actions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8811. (a) This section is applicable to a contract relating to a private work of improvement entered into on or after January 1, 2026. (b) (1) (A) A retention payment withheld from a payment by an owner from the direct contractor, by the direct contractor from any subcontractor, and by a subcontractor from any subcontractor thereunder, for a private work of improvement, shall not exceed 5 percent of the payment. (B) In no event shall the total retention proceeds withheld exceed 5 percent of the contract price. (C) In a contract between the direct contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention payment withheld shall not exceed the percentage specified in the contract between the owner and the direct contractor. (2) Paragraph (1) does not apply to a direct contractor or subcontractor if the direct contractor or subcontractor provides written notice to a subcontractor before, or at, the time that the bid is requested that a faithful performance and payment bond shall be required, and a subcontractor subsequently fails to furnish to the direct contractor or subcontractor a performance and payment bond issued by an admitted surety insurer. (3) Paragraph (1) does not apply to an owner, direct contractor, or subcontractor on a residential project if the project is not mixed-use and does not exceed four stories. (c) In any action to enforce the provisions of this section, a court shall award reasonable attorney’s fees to the prevailing party. (Added by Stats. 2025, Ch. 49, Sec. 1. (SB 61) Effective January 1, 2026.)
  151. 8812.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    An owner who withholds retention from a direct contractor must pay it within 45 days after the work is completed, but may impose conditions or withhold part of final payment in specified situations.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8812. (a) If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay the retention to the contractor. (b) If part of a work of improvement ultimately will become the property of a public entity, the owner may condition payment of a retention allocable to that part on acceptance of the part by the public entity. (c) If there is a good faith dispute between the owner and direct contractor as to a retention payment due, the owner may withhold from final payment an amount not in excess of 150 percent of the disputed amount. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  152. 8814.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor who withholds retention from subcontractors must pay each subcontractor its share within 10 days after receiving retention payment, and must pay designated retention to the named subcontractor if consistent with the subcontract. The contractor may withhold up to 150% of the disputed amount during a good-faith dispute.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8814. (a) If a direct contractor has withheld a retention from one or more subcontractors, the direct contractor shall, within 10 days after receiving all or part of a retention payment, pay to each subcontractor from whom retention has been withheld that subcontractor’s share of the payment. (b) If a retention received by the direct contractor is specifically designated for a particular subcontractor, the direct contractor shall pay the retention payment to the designated subcontractor, if consistent with the terms of the subcontract. (c) If a good faith dispute exists between the direct contractor and a subcontractor, the direct contractor may withhold from the retention to the subcontractor an amount not in excess of 150 percent of the estimated value of the disputed amount. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  153. 8816.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If disputed work is completed under the contract, the owner or direct contractor must notify the notifying party within 10 days whether the work is accepted or rejected, and then pay the related retention within 10 days after acceptance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8816. (a) If the direct contractor gives the owner, or a subcontractor gives the direct contractor, notice that work in dispute has been completed in accordance with the contract, the owner or direct contractor shall within 10 days give notice advising the notifying party of the acceptance or rejection of the disputed work. Both notices shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (b) Within 10 days after acceptance of disputed work, the owner or direct contractor shall pay the portion of the retention relating to the disputed work. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  154. 8818.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If an owner or direct contractor misses a required retention payment, they owe a 2% per month penalty on the wrongfully withheld amount, and the prevailing party in a collection action can recover costs and reasonable attorney’s fees.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8818. If an owner or direct contractor does not make a retention payment within the time required by this article: (a) The owner or direct contractor is liable to the person to which payment is owed for a penalty of 2 percent per month on the amount wrongfully withheld, in place of any interest otherwise due. (b) In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and reasonable attorney’s fees. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  155. 882.020.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 2. Ancient Mortgages and Deeds of Trust [882.020 - 882.040] ( Chapter 2 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A recorded mortgage, deed of trust, or similar real-property security interest expires after a stated time and cannot be enforced by foreclosure, power of sale, or other means after that time.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 2. Ancient Mortgages and Deeds of Trust [882.020 - 882.040] ( Chapter 2 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 882.020. (a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien expires at, and is not enforceable by action for foreclosure commenced, power of sale exercised, or any other means asserted after, the later of the following times: (1) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the recorded evidence of indebtedness, 10 years after that date. (2) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the recorded evidence of indebtedness, or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, 60 years after the date the instrument that created the security interest was recorded. (3) If a notice of intent to preserve the security interest is recorded within the time prescribed in paragraph (1) or (2), 10 years after the date the notice is recorded. (b) For the purpose of this section, a power of sale is deemed to be exercised upon recordation of the deed executed pursuant to the power of sale. (c) The times prescribed in this section may be extended in the same manner and to the same extent as a waiver made pursuant to Section 360.5 of the Code of Civil Procedure, except that an instrument is effective to extend the prescribed times only if it is recorded before expiration of the prescribed times. (Amended by Stats. 2006, Ch. 575, Sec. 1. Effective January 1, 2007.)
  156. 882.030.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 2. Ancient Mortgages and Deeds of Trust [882.020 - 882.040] ( Chapter 2 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    When a mortgage, deed of trust, or other security interest covered by this section expires, the lien becomes unenforceable and is treated like a satisfaction, reconveyance, release, or similar discharge.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 2. Ancient Mortgages and Deeds of Trust [882.020 - 882.040] ( Chapter 2 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 882.030. Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien unenforceable by any means commenced or asserted thereafter and is equivalent for all purposes to a certificate of satisfaction, reconveyance, release, or other discharge of the security interest, and execution and recording of a certificate of satisfaction, reconveyance, release, or other discharge is not necessary to terminate or evidence the termination of the security interest. Nothing in this section precludes execution and recording at any time of a certificate of satisfaction, reconveyance, release, or other discharge. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  157. 882.040.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 2. Ancient Mortgages and Deeds of Trust [882.020 - 882.040] ( Chapter 2 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    This section says the chapter applies to covered real-property security instruments on the operative date, and it does not let those liens expire or become unenforceable before five years after that date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 2. Ancient Mortgages and Deeds of Trust [882.020 - 882.040] ( Chapter 2 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 882.040. (a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all mortgages, deeds of trust, and other instruments that create a security interest in real property to secure a debt or other obligation, whether executed or recorded before, on, or after the operative date. (b) This chapter shall not cause the lien of a mortgage, deed of trust, or other security interest in real property to expire or become unenforceable before the passage of five years after the operative date of this chapter. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  158. 8820.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A contract cannot waive the provisions of this article, because doing so is against public policy.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8820. It is against public policy to waive the provisions of this article by contract. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  159. 8822.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This article does not apply when a lender withholds a retention payment under a construction loan agreement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Retention Payment [8810 - 8822] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8822. This article does not apply to a retention payment withheld by a lender pursuant to a construction loan agreement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  160. 883.110.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    This section defines “mineral right” for this chapter.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.110. As used in this chapter, “mineral right” means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  161. 883.120.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    This chapter does not apply to certain mineral rights, including rights reserved to the United States and certain oil, gas, mining, state, local public entity, and other mineral rights, to the extent stated in Section 880.240.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.120. (a) This chapter does not apply to a mineral right reserved to the United States (whether in a patent, pursuant to federal law, or otherwise) or to an oil or gas lease, mining claim, or other mineral right of a person entitled pursuant thereto, to the extent provided in Section 880.240. (b) This chapter does not apply to a mineral right of the state or a local public entity, or of any other person, to the extent provided in Section 880.240. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  162. 883.130.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    This section says the chapter does not limit or affect the common law on abandonment of a mineral right, or any statutory procedure for clearing an abandoned mineral right from title to real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.130. Nothing in this chapter limits or affects the common law governing abandonment of a mineral right or any other procedure provided by statute for clearing an abandoned mineral right from title to real property. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  163. 883.140.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    If a mineral rights lease has expired or been abandoned, the lessee must, after the lessor’s demand, record or deliver a quitclaim or surrender instrument within 30 days.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 1. General Provisions [883.110 - 883.140] ( Article 1 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.140. (a) As used in this section: (1) “Lessee” includes an assignee or other successor in interest of the lessee. (2) “Lessor” includes a successor in interest or heir or grantee of the lessor. (b) If the term of a mineral right lease has expired or a mineral right lease has been abandoned by the lessee, the lessee shall, within 30 days after demand therefor by the lessor, execute, acknowledge, and deliver, or cause to be recorded, a deed quitclaiming all interest in and to the mineral rights covered by the lease. If the expiration or abandonment covers less than the entire interest of the lessee, the lessee shall execute, acknowledge, and deliver an appropriate instrument or notice of surrender or termination that covers the interest that has expired or been abandoned. (c) If the lessee fails to comply with the requirements of this section, the lessee is liable for all damages sustained by the lessor as a result of the failure, including, but not limited to, court costs and reasonable attorney’s fees in an action to clear title to the lessor’s interest. The lessee shall also forfeit to the lessor the sum of one hundred fifty dollars ($150). (d) Nothing in this section makes a quitclaim deed or other instrument or notice of surrender or termination, or a demand therefor, a condition precedent to an action to clear title to the lessor’s interest. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  164. 883.210.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    The owner of real property subject to a mineral right may bring an action to terminate it if the mineral right is dormant.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.210. The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is dormant. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  165. 883.220.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    A mineral right is dormant if, for 20 years before the action starts, there has been no mineral production or related operations, no separate tax assessment or no taxes paid, and no recorded instrument showing the right.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.220. For the purpose of this article, a mineral right is dormant if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to terminate the mineral right: (a) There is no production of the minerals and no exploration, drilling, mining, development, or other operations that affect the minerals, whether on or below the surface of the real property or on other property, whether or not unitized or pooled with the real property. (b) No separate property tax assessment is made of the mineral right or, if made, no taxes are paid on the assessment. (c) No instrument creating, reserving, transferring, or otherwise evidencing the mineral right is recorded. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  166. 883.230.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    An owner of a mineral right may record a notice of intent to preserve the right, and such a notice can be written generally for county property. A mineral right is not dormant if the notice is recorded within 20 years before a termination action, or after that action under Section 883.250.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.230. (a) An owner of a mineral right may at any time record a notice of intent to preserve the mineral right. (b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the mineral rights claimed as otherwise required by paragraph (2) of subdivision (b) of Section 880.330 and in lieu of the legal description of the real property in which the interest is claimed as otherwise required by paragraph (3) of subdivision (b) of Section 880.330 and notwithstanding the provisions of Section 880.340 or any other provision in this title, a notice of intent to preserve a mineral right may refer generally and without specificity to any or all mineral rights claimed by claimant in any real property situated in the county. (c) A mineral right is not dormant for the purpose of this article if: (1) A notice of intent to preserve the mineral right is recorded within 20 years immediately preceding commencement of the action to terminate the mineral right. (2) A notice of intent to preserve the mineral right is recorded pursuant to Section 883.250 after commencement of the action to terminate the mineral right. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  167. 883.240.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    A lawsuit to terminate a mineral right must be filed in the superior court of the county where the affected real property is located.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.240. (a) An action to terminate a mineral right pursuant to this article shall be brought in the superior court of the county in which the real property subject to the mineral right is located. (b) The action shall be brought in the same manner and shall be subject to the same procedure as an action to quiet title pursuant to Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of Civil Procedure, to the extent applicable. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  168. 883.250.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    In an action to end a mineral right, the court must allow the mineral-right owner to file a late notice to preserve the right if the owner pays the relevant litigation expenses into court.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.250. In an action to terminate a mineral right pursuant to this article, the court shall permit the owner of the mineral right to record a late notice of intent to preserve the mineral right as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the mineral right or portion thereof as to which the notice is recorded. As used in this section, the term “litigation expenses” means recoverable costs and expenses reasonably and necessarily incurred in preparation for the action, including a reasonable attorney’s fee. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  169. 883.260.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    A mineral right terminated under this article is unenforceable and treated as expired. A court order terminating it counts the same as a conveyance to the real property owner.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.260. A mineral right terminated pursuant to this article is unenforceable and is deemed to have expired. A court order terminating a mineral right pursuant to this article is equivalent for all purposes to a conveyance of the mineral right to the owner of the real property. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  170. 883.270.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. )

    Verify source ↗

    This article applies to all mineral rights, subject to Section 880.370’s grace period for recording notice.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 3. Mineral Rights [883.110 - 883.270] ( Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2. ) ## ARTICLE 2. Termination of Dormant Mineral Right [883.210 - 883.270] ( Article 2 added by Stats. 1984, Ch. 240, Sec. 2. ) ## 883.270. Subject to Section 880.370 (grace period for recording notice), this article applies to all mineral rights, whether executed or recorded before, on, or after January 1, 1985. (Added by Stats. 1984, Ch. 240, Sec. 2.)
  171. 8830.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section defines a “stop work notice” as a notice a direct contractor gives an owner saying work will stop if the amount owed is not paid within 10 days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8830. “Stop work notice” means notice given under this article by a direct contractor to an owner that the contractor will stop work if the amount owed the contractor is not paid within 10 days after notice is given. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  172. 8832.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor may give the owner a stop work notice if the contractor has not been paid under a written contract within 35 days after payment is due and there is no dispute about satisfactory performance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8832. If a direct contractor is not paid the amount due pursuant to a written contract within 35 days after the date payment is due under the contract, and there is no dispute as to the satisfactory performance of the contractor, the contractor may give the owner a stop work notice. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  173. 8834.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor giving an owner a stop work notice must first post a notice of intent at least five days earlier and must also give copies to certain subcontractors when the stop work notice is given.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8834. A direct contractor that gives an owner a stop work notice shall give the following additional notice: (a) At least five days before giving the stop work notice, the contractor shall post notice of intent to give a stop work notice. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. In addition to posting the notice pursuant to Section 8114, the notice shall also be posted at the main office of the site, if one exists. (b) At the same time the contractor gives the stop work notice, the contractor shall give a copy of the stop work notice to all subcontractors with whom the contractor has a direct contractual relationship on the work of improvement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  174. 8836.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If the owner receives a stop work notice from a direct contractor, the owner must give a copy to the construction lender, if there is one, within five days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8836. Within five days after receipt of a stop work notice from a direct contractor, the owner shall give a copy of the notice to the construction lender, if any. The copy of the notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  175. 8838.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor, surety, subcontractor, or subcontractor’s surety is not liable for certain delay or damage claims after a stop work notice if the article’s notice and posting requirements are met.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8838. (a) The direct contractor or the direct contractor’s surety, or a subcontractor or a subcontractor’s surety, is not liable for delay or damage that the owner or a contractor of a subcontractor may suffer as a result of the direct contractor giving a stop work notice and subsequently stopping work for nonpayment, if the notice and posting requirements of this article are satisfied. (b) A direct contractor’s or original subcontractor’s liability to a subcontractor or material supplier after the direct contractor stops work under this article is limited to the amount the subcontractor or material supplier could otherwise recover under this title for work provided up to the date the subcontractor or material supplier ceases work, subject to the following exceptions: (1) The direct contractor’s or original subcontractor’s liability continues for work provided up to and including the 10-day notice period and not beyond. (2) This subdivision does not limit liability for custom work, including materials that have been fabricated, manufactured, or ordered to specifications that are unique to the job. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  176. 884.010.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 4. Unexercised Options [884.010 - 884.030] ( Chapter 4 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A recorded option to buy real property expires of record unless a notice of exercise or extension is recorded within the stated six-month period.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 4. Unexercised Options [884.010 - 884.030] ( Chapter 4 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 884.010. If a recorded instrument creates or gives constructive notice of an option to purchase real property, the option expires of record if no conveyance, contract, or other instrument that gives notice of exercise or extends the option is recorded within the following times: (a) If the expiration date of the option is ascertainable from the recorded instrument, six months after that expiration date. (b) If the expiration date of the option is not ascertainable from the recorded instrument or the recorded instrument indicates that the option provides no expiration date, six months after the date the instrument that creates or gives constructive notice of the option is recorded. (c) This section shall become operative on January 1, 2013. (Repealed (in Sec. 2) and added by Stats. 2011, Ch. 46, Sec. 3. (SB 284) Effective January 1, 2012. Section operative January 1, 2013, by its own provisions.)
  177. 884.020.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 4. Unexercised Options [884.010 - 884.030] ( Chapter 4 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    When the recorded option expires, the recorded instrument no longer serves as notice or inquiry notice about the option or related writings.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 4. Unexercised Options [884.010 - 884.030] ( Chapter 4 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 884.020. Upon the expiration of record of an option to purchase real property, the recorded instrument that creates or gives constructive notice of the option ceases to be notice to any person or to put any person on inquiry with respect to the exercise or existence of the option or of any contract, conveyance, or other writing that may have been executed pursuant to the option. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  178. 884.030.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 4. Unexercised Options [884.010 - 884.030] ( Chapter 4 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    This section makes Chapter 4 apply to recorded option instruments, with exceptions that delay record expiration for certain options and exclude instruments that already stopped serving as notice before the operative date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 4. Unexercised Options [884.010 - 884.030] ( Chapter 4 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 884.030. (a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded instruments that create or give constructive notice of options to purchase real property, whether executed or recorded before, on, or after the operative date. (b) This chapter shall not cause an option that expires according to its terms within one year before, on, or within one year after the operative date of this chapter to expire of record until one year after the operative date. (c) This chapter shall not cause an option that provides no expiration date and that is recorded before the operative date of this chapter to expire of record until five years after the operative date of this chapter. (d) Nothing in this chapter affects a recorded instrument that has ceased to be notice to any person or put any person on inquiry with respect to the exercise or existence of an option pursuant to former Section 1213.5 before the operative date of this chapter. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  179. 8840.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    When a stop work notice claim is resolved or the direct contractor cancels the stop work notice, the contractor must post and give notice of that resolution or cancellation to certain subcontractors.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8840. On resolution of the claim in the stop work notice or the direct contractor’s cancellation of the stop work notice, the contractor shall post, and give subcontractors with whom the contractor has a direct contractual relationship on the work of improvement, notice of the resolution or cancellation. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. In addition to posting the notice pursuant to Section 8114, the notice shall also be posted at the main office of the site, if one exists. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  180. 8842.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor has a right to stop work under this article, in addition to any other rights the contractor may have under the law.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8842. A direct contractor’s right to stop work under this article is in addition to other rights the direct contractor may have under the law. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  181. 8844.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If payment is not made within 10 days after a stop work notice, the direct contractor, the contractor’s surety, or an owner may seek a judicial determination of liability in an expedited superior court proceeding.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8844. (a) If payment of the amount claimed is not made within 10 days after a stop work notice is given, the direct contractor, the direct contractor’s surety, or an owner may in an expedited proceeding in the superior court in the county in which the private work of improvement is located, seek a judicial determination of liability for the amount due. (b) The expedited proceeding shall be set for hearing or trial at the earliest possible date in order that it shall be quickly heard and determined, and shall take precedence over all other cases except older matter of the same character and other matters to which special precedence has been given. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  182. 8846.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The article’s provisions cannot be waived by contract as a matter of public policy.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8846. It is against public policy to waive the provisions of this article by contract. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  183. 8848.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This article applies to contracts entered into on or after January 1, 1999, but not to retentions withheld by a lender under a construction loan agreement.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Stop Work Notice [8830 - 8848] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 8848. (a) This article applies to a contract entered into on or after January 1, 1999. (b) This article does not apply to a retention withheld by a lender pursuant to a construction loan agreement. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  184. 885.010.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    This section defines “power of termination” and says it is an interest in real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.010. (a) As used in this chapter: (1) “Power of termination” means the power to terminate a fee simple estate in real property to enforce a restriction in the form of a condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as a power of termination, right of entry or reentry, right of possession or repossession, reserved power of revocation, or otherwise, and includes a possibility of reverter that is deemed to be and is enforceable as a power of termination pursuant to Section 885.020. (2) “Power of termination” includes the power created in a transferee to terminate a fee simple estate in real property to enforce a restriction on the use of the real property in the form of a limitation or condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as an executory interest, executory limitation, or otherwise, and includes the interest known at common law as an executory interest preceded by a fee simple determinable. (b) A power of termination is an interest in the real property. (c) For the purpose of applying this chapter to other statutes relating to powers of termination, the terms “right of reentry,” “right of repossession for breach of condition subsequent,” and comparable terms used in the other statutes mean “power of termination” as defined in this section. (Amended by Stats. 1991, Ch. 156, Sec. 15.)
  185. 885.015.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    This chapter does not apply to certain powers of termination tied to minerals, oil, gas, or to separately owned improvements or fixtures tied to the underlying land leasehold or possessory interest.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.015. This chapter does not apply to any of the following: (a) A power of termination conditioned upon the continued production or removal of oil or gas or other minerals. (b) A power of termination as to separately owned improvements or fixtures conditioned upon the continued leasehold or possessory interest in the underlying land. (Amended by Stats. 1991, Ch. 156, Sec. 16.)
  186. 885.020.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    This section abolishes fee simple determinable and possibility of reverter, and reclassifies them under different property forms.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.020. Fees simple determinable and possibilities of reverter are abolished. Every estate that would be at common law a fee simple determinable is deemed to be a fee simple subject to a restriction in the form of a condition subsequent. Every interest that would be at common law a possibility of reverter is deemed to be and is enforceable as a power of termination. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  187. 885.030.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A recorded power of termination expires based on a 30-year rule tied to recording dates, unless an instrument sets an earlier expiration date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.030. (a) A power of termination of record expires at the later of the following times: (1) Thirty years after the date the instrument reserving, transferring, or otherwise evidencing the power of termination is recorded. (2) Thirty years after the date a notice of intent to preserve the power of termination is recorded, if the notice is recorded within the time prescribed in paragraph (1). (3) Thirty years after the date an instrument reserving, transferring, or otherwise evidencing the power of termination or a notice of intent to preserve the power of termination is recorded, if the instrument or notice is recorded within 30 years after the date such an instrument or notice was last recorded. (b) This section applies notwithstanding any provision to the contrary in the instrument reserving, transferring, or otherwise evidencing the power of termination or in another recorded document unless the instrument or other recorded document provides an earlier expiration date. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  188. 885.040.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A power of termination expires if it becomes obsolete, except that it does not expire during the grantor’s life in the stated charitable/public-entity grant situation.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.040. (a) If a power of termination becomes obsolete, the power expires. (b) As used in this section, a power of termination is obsolete if any of the following circumstances applies: (1) The restriction to which the fee simple estate is subject is of no actual and substantial benefit to the holder of the power. (2) Enforcement of the power would not effectuate the purpose of the restriction to which the fee simple estate is subject. (3) It would be otherwise inequitable to enforce the power because of changed conditions or circumstances. (c) No power of termination shall expire under this section during the life of the grantor if it arises from a grant by a natural person without consideration to a public entity or to a society, corporation, institution, or association exempt by the laws of this state from taxation. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  189. 885.050.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    A power of termination may be exercised only by notice or by civil action, and if it is recorded, the exercise must also be recorded.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.050. A power of termination shall be exercised only by notice or by civil action and, if the power of termination is of record, the exercise shall be of record. The notice shall be given, and any civil action shall be commenced, within five years after breach of the restriction to which the fee simple estate is subject, or such longer period as may be agreed to by the parties by a waiver or extension recorded before expiration of that period. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  190. 885.060.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

    Verify source ↗

    When a power of termination expires under this chapter, it becomes unenforceable and the related restriction is also terminated, with limited exceptions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.060. (a) Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of the power of record and a quitclaim of the power to the owner of the fee simple estate, and execution and recording of a termination and quitclaim is not necessary to terminate or evidence the termination of the power. (b) Expiration of a power of termination pursuant to this chapter terminates the restriction to which the fee simple estate is subject and makes the restriction unenforceable by any other means, including, but not limited to, injunction and damages. (c) However, subdivision (b) does not apply to a restriction for which a power of termination has expired under this chapter if the restriction is also an equitable servitude alternatively enforceable by injunction. Such an equitable servitude shall remain enforceable by injunction and any other available remedies, but shall not be enforceable by a power of termination. This subdivision does not constitute a change in, but is declaratory of, the existing law. However, nothing in this subdivision shall be construed to make enforceable any restriction prohibited or made unenforceable by other provisions of law, including Section 53. (Amended by Stats. 1990, Ch. 1114, Sec. 1.)
  191. 885.070.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. )

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    This section makes the chapter apply to powers of termination, with stated exceptions, and requires certain pre-operative-date powers to be exercised within a limited time.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 5. Powers of Termination [885.010 - 885.070] ( Chapter 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 885.070. (a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all powers of termination, whether executed or recorded before, on, or after the operative date. (b) If breach of the restriction to which the fee simple estate is subject occurred before the operative date of this chapter and the power of termination is not exercised before the operative date of this chapter, the power of termination shall be exercised, or in the case of a power of termination of record, exercised of record, within the earlier of the following times: (1) The time that would be applicable pursuant to the law in effect immediately prior to the operative date of this chapter. (2) Five years after the operative date of this chapter. (c) As used in this section, “operative date” means the operative date of this chapter as enacted or, with respect to any amendment of a section of this chapter, the operative date of the amendment. (Amended by Stats. 1991, Ch. 156, Sec. 17.)
  192. 8850.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Claims and Disputes [8850 - 8851] ( Article 4 added by Stats. 2025, Ch. 583, Sec. 2. )

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    This section sets a claim-and-dispute process for contractors and some subcontractors on private works projects, including review, written responses, conference, mediation, payment timing, interest, and a limited right to suspend work without penalty.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Claims and Disputes [8850 - 8851] ( Article 4 added by Stats. 2025, Ch. 583, Sec. 2. ) ## 8850. (a) The Legislature finds and declares all of the following: (1) It is in the best interests of the state and its citizens to ensure that all construction business performed on a private works project in the state that is complete and not in dispute is paid in full and in a timely manner. (2) Delays in payment for works of improvement and site improvements impose significant financial hardships on contractors, particularly small businesses, disadvantaged business enterprises, and disabled veteran business enterprises. (3) The lack of clear procedures for resolving disputes related to change orders often leads to costly litigation where a predetermined method could avoid such costs. (4) Prompt and fair payment promotes economic stability within the construction industry and ensures efficient project completion. (b) Notwithstanding any other law, this section shall apply to any claim by a contractor, or where authorized pursuant to this article, a subcontractor, in connection to a work of improvement or site improvement. (c) For purposes of this section, the following terms apply: (1) “Claim” means a separate demand by a contractor, or where authorized pursuant to this article, a subcontractor, sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by an owner under contract for a work of improvement or site improvement. (B) Payment by the owner of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a work of improvement or site improvement project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the owner. (2) (A) “Owner” means the owner who causes a building, improvement, or structure to be constructed, altered, or repaired, or that person’s successor in interest at the date a notice of completion is recorded, whether the interest or estate of the owner be in fee, as vendee under a contract of purchase, as lessee, or other interest or estate less than the fee. Where the interest or estate is held by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of this section. (B) “Owner” shall not include a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (C) An owner shall have the right to a designated representative. (3) (A) “Project manager” means a person, partnership, corporation, or other legal entity that is designated by the owner to direct construction and represent the owner during the performance of the services covered under the construction contract and is authorized to make changes, adjustments, and interpretations of the contract in order to facilitate the completion of the project. (B) In the absence of the appointment of a project manager by the owner, the owner shall serve as project manager on a project. (d) (1) (A) Upon receipt of a claim pursuant to this section, the owner to which the claim applies shall perform a reasonable review of the claim and, within a period not to exceed 30 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion of the claim is undisputed. (B) The claimant shall furnish reasonable documentation to support the claim. (2) Upon receipt of a claim, an owner and a contractor may, by mutual agreement, extend the time period provided in this subdivision in writing. (3) Payment of any undisputed portion of the claim shall be processed and made within 60 days after the owner issues its written statement. (e) (1) If the claimant disputes all or any portion of the owner’s written response to the claim, or if the owner fails to respond to a claim issued within the timeframe prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. (2) Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the owner shall schedule a meet and confer conference with the claimant within 30 days for settlement of the dispute. (3) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the owner shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. (4) Payment of any undisputed portion of the claim shall be processed and made within 60 days after the owner issues its written statement. (f) (1) If, following the informal conference, there remains any disputed portion of the claim, the remaining disputed portion of the claim shall be submitted to nonbinding mediation, with the owner and the claimant sharing the associated costs equally. (2) The owner and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. (3) (A) If the parties cannot agree upon a mediator within the time allotted, the contractor may select the mediator to be used. (B) If the owner refuses mediation, the contractor may carry out the process described in subdivision (k). (4) If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to the dispute resolution procedures elected in the written contract of the parties, or, if no such election exists, by final judgment or by operation of law. (g) (1) Failure by the owner to respond to a claim within the time periods described in this section or to otherwise meet the requirements of this section shall result in the claim being deemed denied in its entirety. (2) A claim that is denied by reason of the owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of the section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claim. (h) (1) Undisputed amounts not paid in a timely manner as required by this section shall bear interest at 2 percent per month. (2) Disputed amounts which are later found to be owed through the dispute resolution procedures elected in the written contract of the parties, or, if no such election exists, by final judgment or by operation of law, shall bear interest at 2 percent per month, beginning from the date on which those amounts would have been due had they not been disputed. (i) Nothing in this section shall prevent either party from submitting, or otherwise limit the applicability of, a statutory offer of settlement under Section 998 of the Code of Civil Procedure. (j) (1) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against an owner because privity of contract does not exist, except as provided in paragraph (4), the contractor shall present to the owner a claim on behalf of a subcontractor or lower tier subcontractor. (2) A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work that was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. (3) (A) The subcontractor requesting that the claim be presented to the owner shall furnish the contractor with timely and reasonable documentation to support the subcontractor’s claim to enable the contractor to meet their obligations under subdivision (d) and shall thereafter cooperate with the contractor in the informal conference, mediation, and dispute resolution processes required pursuant to this section relating to the subcontractor’s claim. (B) The contractor shall exercise good faith in fulfilling their obligations on behalf of the subcontractor under subdivisions (d), (e), and (f) and shall make no settlement of any claim to which the subcontractor does not approve, in writing. (4) Within 30 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the owner and, if the contractor did not present the claim, provide the subcontractor with a statement of the reasons for not doing so. (5) Nothing in this subdivision precludes a subcontractor from exercising its lien rights and its stop work notice rights. (k) The contractor and subcontractors shall have the right to suspend performance of their work, without penalty, until payment is received if the following procedure is followed: (1) The owner is informed by registered mail or certified mail, return receipt requested, that payment is due pursuant to this section, or where the claim is deemed denied pursuant to subdivision (g). (2) Thirty days after the notice that payment was due pursuant to paragraph (1) is sent to the owner, the contractor or subcontractor sends a 10-day written notice of intent to stop work to the owner by registered mail or certified mail, return receipt requested. (l) Any disputed amount which the owner, at any point, agrees to pay, or is found to owe through dispute resolution, by final judgment, or by operation of law, shall, from the date of the agreement or finding, be considered an undisputed amount for the purpose of any timelines or processes established under this article. (m) (1) A waiver of the rights granted by this section is void and contrary to public policy. (2) Notwithstanding paragraph (1), all of the following apply: (A) Upon receipt of a claim, the parties may mutually agree to waive, in writing, the informal conference and mediation provisions in this section and proceed directly to the commencement of a civil action or binding arbitration, as applicable. (B) Owners, contractors, and subcontractors may agree to reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (n) This section shall apply to contracts entered into on or after January 1, 2026. (o) This section shall not apply to the construction of a residential project if the project is not mixed use and does not exceed four stories. (Added by Stats. 2025, Ch. 583, Sec. 2. (SB 440) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 8851.)
  193. 8851.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Claims and Disputes [8850 - 8851] ( Article 4 added by Stats. 2025, Ch. 583, Sec. 2. )

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    This article stays in effect only until January 1, 2030, when it is repealed.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 2. PRIVATE WORKS OF IMPROVEMENT [8160 - 8851] ( Title 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 8. Prompt Payment [8800 - 8851] ( Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Claims and Disputes [8850 - 8851] ( Article 4 added by Stats. 2025, Ch. 583, Sec. 2. ) ## 8851. This article shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 583, Sec. 2. (SB 440) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Article 4, commencing with Section 8850.)
  194. 886.010.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. )

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    This section defines “contract for sale of real property” and “recorded contract for sale of real property.”

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 886.010. As used in this chapter: (a) “Contract for sale of real property” means an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which requires conveyance of title within one year from the date of formation of the contract, whether designated in the agreement a “contract for sale of real property,” “land sale contract,” “deposit receipt,” “agreement for sale,” “agreement to convey,” or otherwise. (b) “Recorded contract for sale of real property” includes the entire terms of a contract for sale of real property that is recorded in its entirety or is evidenced by a recorded memorandum or short form of the contract. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  195. 886.020.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. )

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    A buyer under a recorded real property sale contract must, after demand, release the contract if they fail to meet the contract conditions and do not seek performance or restitution.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 886.020. If the party to whom title to real property is to be conveyed pursuant to a recorded contract for the sale of real property fails to satisfy the specified conditions set forth in the contract and does not seek performance of the contract or restitution of amounts paid under the contract, the party shall, upon demand therefor made after the operative date of this chapter, execute a release of the contract, duly acknowledged for record, to the party who agreed to convey title. Willful violation of this section by the party to whom title is to be conveyed without good cause makes the party liable for the damages the party who agreed to convey title sustains by reason of the violation, including but not limited to court costs and reasonable attorney’s fees in an action to clear title to the real property. Nothing in this section makes a release or a demand therefor a condition precedent to an action to clear title to the real property. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  196. 886.030.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. )

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    A recorded contract for the sale of real property expires of record at the later of two five-year periods, and any waiver or extension must be recorded before those periods expire.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 886.030. (a) Except as otherwise provided in this section, a recorded contract for sale of real property expires of record at the later of the following times: (1) Five years after the date for conveyance of title provided in the contract or, if no date for conveyance of title is provided in the contract, five years after the last date provided in the contract for satisfaction of the specified conditions set forth in the contract. (2) If there is a recorded extension of the contract within the time prescribed in paragraph (1), five years after the date for conveyance of title provided in the extension or, if no date for conveyance of title is provided in the extension, five years after the last date provided in the extension for satisfaction of the specified conditions set forth in the contract. (b) The time prescribed in this section may be waived or extended only by an instrument that is recorded before expiration of the prescribed times. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  197. 886.040.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. )

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    When the record of a recorded contract for sale of real property expires, the contract no longer has effect and is not an encumbrance or cloud on title against nonparties.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 886.040. Upon the expiration of record of a recorded contract for sale of real property pursuant to this chapter, the contract has no effect, and does not constitute an encumbrance or cloud, on the title to the real property as against a person other than a party to the contract. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  198. 886.050.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. )

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    This section says the chapter applies to recorded contracts for sale of real property and, unless otherwise provided here, the chapter cannot make such a contract expire of record before two years after the operative date.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 - 886.050] ( Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## 886.050. (a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded contracts for sale of real property, whether recorded before, on, or after the operative date. (b) This chapter shall not cause a recorded contract for sale of real property to expire of record before the passage of two years after the operative date of this chapter. (Added by Stats. 1982, Ch. 1268, Sec. 1.)
  199. 887.010.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    This provision defines “easement” for this chapter as a burden or servitude on land that lets the holder do acts on the land.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.010. As used in this chapter, “easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  200. 887.020.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    This chapter does not apply to easements that are part of a unified or reciprocal system benefiting multiple parties.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.020. This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties. (Added by Stats. 1985, Ch. 157, Sec. 2.)

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