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Divistion 3 Obligations. Part 4 Obligations Arising From A Particular Transaction. Counter Affidavit.   

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Chapter 4 Stop Notice For Public Work. Article 3 Conditions To Service Of Stop Notice.

If such counteraffidavit, together with proof of service, is so filed, either the original contractor or the claimant may file an action in the appropriate superior court for a declaration of the respective rights of the parties. After the filing of such action, either the original contractor or the claimant shall be entitled to a hearing by the court for the purpose of determining his rights under the affidavit and demand for release and the counteraffidavit. Such hearing must be granted by the court within 15 days from the date of making of such motion, unless continued by the court for good cause. The party making the motion for hearing must give not less than five days' notice in writing of such hearing to the public entity and to the other party.

(Added by Stats. 1969, Ch. 1362, Sec. 2.)