§ 8128. — 8128. (Added by Stats. 2010, Ch. 697, Sec. 20.)

California § 8128.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 4.: DIVISION 4. GENERAL PROVISIONS
• Title: 1.
• Part 6.: TITLE 1. WORKS OF IMPROVEMENT GENERALLY
• Ch. 3.: CHAPTER 3. Waiver and Release

Text

(a)
A claimant may reduce the amount of, or release in its entirety, a stop payment notice. The reduction or release shall be in writing and may be given in a form other than a waiver and release form provided in this article.
(b)
The writing shall identify whether it is a reduction of the amount of the stop payment notice, or a release of
the notice in its entirety. If the writing is a reduction, it shall state the amount of the reduction, and the amount to remain withheld after the reduction.
(c)
A claimant’s reduction or release of a stop payment notice has the following effect:
(1)
The reduction or release releases the claimant’s right to enforce payment of the claim stated in the notice to the extent of the reduction or release.
(2)
The reduction or release releases the person given the notice from the obligation to withhold funds pursuant to the notice to the extent of the reduction or release.
(3)
The reduction or release does not preclude the claimant from giving a subsequent stop payment notice that is timely and proper.
(4)
The reduction or release does not release any right of the claimant other than the right to enforce payment of the claim stated in the stop payment notice to the extent of the reduction or release.

Legislative History

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.