9500-9510

CIVIL CODE
SECTION 9500-9510




9500.  (a) A claimant may not enforce payment of the claim stated in
a stop payment notice unless the claimant has complied with all of
the following conditions:
   (1) The claimant has given preliminary notice to the extent
required by Chapter 3 (commencing with Section 9300).
   (2) The claimant has given the stop payment notice within the time
provided in Section 9356.
   (b) The claim filing procedures of Part 3 (commencing with Section
900) of Division 3.6 of Title 1 of the Government Code do not apply
to an action under this article.


9502.  (a) The claimant shall commence an action against the public
entity and the direct contractor to enforce payment of the claim
stated in a stop payment notice at any time after 10 days from the
date the claimant gives the stop payment notice.
   (b) The claimant shall commence an action against the public
entity and the direct contractor to enforce payment of the claim
stated in a stop payment notice not later than 90 days after
expiration of the time within which a stop payment notice must be
given.
   (c) An action under this section may not be brought to trial or
judgment entered before expiration of the time provided in
subdivision (b).
   (d) If a claimant does not commence an action to enforce payment
of the claim stated in a stop payment notice within the time provided
in subdivision (b), the notice ceases to be effective and the public
entity shall release funds withheld pursuant to the notice.



9504.  Within five days after commencement of an action to enforce
payment of the claim stated in a stop payment notice, the claimant
shall give notice of commencement of the action to the public entity
in the same manner that a stop payment notice is given.



9506.  If more than one claimant has given a stop payment notice:
   (a) Any number of claimants may join in the same enforcement
action.
   (b) If claimants commence separate actions, the court that first
acquires jurisdiction may order the actions consolidated.
   (c) On request of the public entity, the court shall require that
all claimants be impleaded in one action and shall adjudicate the
rights of all parties in the action.



9508.  Notwithstanding Section 583.420 of the Code of Civil
Procedure, if an action to enforce payment of the claim stated in a
stop payment notice 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.



9510.  A stop payment notice ceases to be effective, and the public
entity shall release funds withheld, in either of the following
circumstances:
   (a) An action to enforce payment of the claim stated in the stop
payment notice is dismissed, unless expressly stated to be without
prejudice.
   (b) Judgment in an action to enforce payment of the claim stated
in the stop payment notice is against the claimant.