California Civil Code

§ 8558

CIV § 8558 Effective Jan 1, 2011Div. 4 · Title 2 · Part 6 · Ch. 5 · Art. 5

Statute text

(a)In an action to enforce payment of the claim stated in a bonded stop payment notice, the prevailing party is entitled to a reasonable attorney’s fee in addition to costs and damages.

(b)The court, on notice and motion by a party, shall determine who is the prevailing party or that there is no prevailing party for the purpose of this section, regardless of whether the action proceeds to final judgment. The prevailing party is the party that recovers greater relief in the action, subject to the following limitations:

(1)If the action is voluntarily dismissed or dismissed pursuant to a settlement, there is no prevailing party.

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Legislative history

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.