California Civil Code

§ 852

CIV § 852 Effective Jan 1, 1998Div. 2 · Title 3 · Part 2 · Ch. 3

Statute text

(a)Within 45 days after issuance of the commitment statement, the owner may transmit to the notice recipient by certified mail, return receipt requested, an executed copy of the commitment statement, indicating its acceptance. If the owner does not execute the commitment statement, the commitment statement shall be deemed to have been rejected upon expiration of the 45-day period. A notice recipient has no obligation with respect to the provisions of a rejected commitment statement.

(b)(1) Except as otherwise provided in this chapter, or unless the owner or the notice recipient has elected not to proceed with the mediation, if the owner rejects the commitment statement, the owner and notice recipient shall participate in a mediation process prior to the commencement of any litigation which pertains to a release covered by the commitment statement. The mediation process shall be supervised by a neutral third party mutually agreed upon by the owner and the notice recipient in order to mediate a mutually agreeable settlement between the owner and notice recipient of all issues related to the release.

(2)Either the notice recipient or the owner may elect not to proceed further with the mediation process at any time prior to completion of those proceedings.

…

Legislative history

Added by Stats. 1997, Ch. 873, Sec. 1. Effective January 1, 1998.