SECTIONS 3190-3193 - California Statutes

CIVIL CODE

SECTION 3190-3193

3190. If the money withheld pursuant to stop notices shall be
insufficient to pay in full all of the valid claims stated in such
notices, the same shall be distributed among the stop notice
claimants in the same ratio that their respective claims bear to the
aggregate of such valid claims, without regard to the order of time
in which their respective notices may have been served or their
respective actions, if any, commenced.

3191. Nothing in this article shall impair the right of any stop
notice claimant to recover from the contractor or his sureties any
deficit that may remain unpaid after such pro rata distribution in an
action upon the bond provided for by Chapter 7 (commencing with
Section 3247).

3192. Any person who willfully gives a false stop notice to the
public entity or who willfully includes in his notice labor,
services, equipment, or materials not furnished for the work of
improvement with respect to which such notice is given, forfeits all
right to participate in the pro rata distribution of money or bonds
withheld.

3193. No assignment by the original contractor of any of the money
due or to become due to the original contractor under the contract,
or for "extras" in connection therewith whether made before or after
the service of a stop notice, takes priority over a stop notice under
this chapter and such assignment has no effect on the rights of the
stop notice claimants. Any garnishment of such money by any creditor
of the original contractor pursuant to Article 8 (commencing with
Section 708.710) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure and any statutory lien thereon are
subordinate to the rights of all stop notice claimants.