§ 8558. — 8558. (Added by Stats. 2010, Ch. 697, Sec. 20.)

California § 8558.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 4.: DIVISION 4. GENERAL PROVISIONS
• Title: 2.
• Part 6.: TITLE 2. PRIVATE WORKS OF IMPROVEMENT
• Ch. 5.: CHAPTER 5. Stop Payment Notice
• Art. 5.: ARTICLE 5. Enforcement of Claim Stated in Stop Payment Notice

Text

(a)
In an action to enforce payment of the claim stated in a bonded stop payment notice, the prevailing party is entitled to a reasonable attorney’s fee in addition to costs and damages.
(b)
The court, on notice and motion by a party, shall determine who is the prevailing party or that there is no prevailing party for the purpose of this
section, regardless of whether the action proceeds to final judgment. The prevailing party is the party that recovers greater relief in the action, subject to the following limitations:
(1)
If the action is voluntarily dismissed or dismissed pursuant to a settlement, there is no prevailing party.
(2)
If the defendant tenders to the claimant the full amount to which the claimant is entitled, and deposits in court for the claimant the amount so tendered, and alleges those facts in the answer and the allegation is determined to be true, the defendant is deemed to be the prevailing party.

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.