State Codes and Statutes
Statutes > California > Civ > 3210-3214CIVIL 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.
