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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 2§ 9412 Summary Release Proceedings

§ 9412 Summary Release Proceedings

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9412 Summary Release Proceedings

Key Takeaways

  • •The court can decide a case based only on written statements (affidavits) if they have enough info.
  • •If the written statements aren't enough, the court will ask for more proof, like documents or people talking.
  • •After the hearing, the court will decide if money should be released or kept.
  • •The person who started the case must give a copy of the court's decision to the government office involved.

Example

A contractor did work for a school but didn't get paid. They file a claim, and the school says they didn't do the work right.

The court can look at the written statements from both sides. If the court thinks there's enough info, they'll decide if the contractor gets paid. If not, they'll ask for more proof, like photos or witnesses. Once decided, the contractor must tell the school what the court said.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9412 Summary Release Proceedings

(a) No findings are required in a summary proceeding under this article. (b) If at the hearing no evidence other than the affidavit and counteraffidavit is offered, the court may, if satisfied that sufficient facts are shown, make a determination on the basis of the affidavit and counteraffidavit. If the court is not satisfied that sufficient facts are shown, the court shall order the hearing continued for production of other evidence, oral or documentary, or the filing of other affidavits and counteraffidavits. (c) At the conclusion of the hearing, the court shall make an order determining whether the demand for release is allowed. The court’s order is determinative of the right of the claimant to have funds further withheld by the public entity. (d) The direct contractor shall serve a copy of the court’s order on the public entity in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (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.)

Last verified: January 21, 2026

Key Terms

summary proceedingaffidavitcounteraffidavitdemand for releasepublic entity

Related Statutes

  • § 9402 Contractor Fund Release Affidavit
  • § 9406 Contractor Affidavit Dispute Process
  • § 9410 Contractor Affidavit Burden Proof
  • § 9400 Contractor Funds Release Grounds
  • § 9404 Claimant Counteraffidavit Deadline

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 9412.
View Official Source