SECTIONS 3210-3214 - California Statutes

CIVIL CODE

SECTION 3210-3214

3210. An action against the original contractor and the public
entity to enforce payment of the claim stated in the stop notice may
be commenced at any time after 10 days from the date of the service
of the stop notice upon the public entity and shall be commenced not
later than 90 days following the expiration of the period within
which stop notices must be filed as provided in Section 3184. No such
action shall be brought to trial or judgment entered until the
expiration of said 90-day period. No money or bond shall be withheld
by reason of any such notice longer than the expiration of such
90-day period unless proceedings be commenced in a proper court
within that time by the claimant to enforce his claim, and if such
proceedings have not been commenced such notice shall cease to be
effective and the moneys or bonds withheld shall be paid or delivered
to the contractor or other person to whom they are due.

3211. Notice of the commencement of any such action shall be given
to the public entity within five days after commencement of the
action described in Section 3210 in the same manner as provided in
Section 3103.

3212. In case such action is commenced as provided in Section 3210
but is not brought to trial within two years after the commencement
thereof, the court may in its discretion dismiss the same for want of
prosecution.

3213. In all cases upon the dismissal of an action commenced as
provided in Section 3210, unless expressly stated to be without
prejudice, or upon a judgment rendered therein against the claimant,
the stop notice shall cease to be effective and the moneys or bonds
withheld shall be paid or delivered to the person to whom they are
due.

3214. Any number of persons who have given stop notices may join
the same action and when separate actions are commenced the court
first acquiring jurisdiction may consolidate them. Upon the request
of the public entity the court shall require all claimants to the
moneys withheld pursuant to stop notices to be impleaded in one
action, to the end that the respective rights of all parties may be
adjudicated therein.