Legal Resources | | CV 3203
Divistion 3 Obligations. Part 4 Obligations Arising From A Particular Transaction. Summary Proceeding.
Chapter 4 Stop Notice For Public Work. Article 3 Conditions To Service Of Stop Notice.
No findings shall be required in a summary proceeding under this article. When the hearing is before the court sitting without a jury and no evidence other than the affidavit and counteraffidavit is offered, if the court is satisfied that sufficient facts are show n thereby, it may make its determination thereon; otherwise, it shall order the hearing continued for the production of other evidence, oral or documentary, or the filing of other affidavits and counteraffidavits. At the conclusion of the hearing, the court shall make and enter its order determining whether the demand for release shall be allowed or not, which order shall be determinative as to the right of the claimant to have the money or bonds further withheld by the public entity. The original contractor shall serve a copy of such order on the public entity.
(Added by Stats. 1969, Ch. 1362, Sec. 2.)