California Civil Code

§ 9410

CIV § 9410 Effective Jan 1, 2011Div. 4 · Title 3 · Part 6 · Ch. 4 · Art. 2

Statute text

(a)The affidavit and counteraffidavit shall be filed with the court by the public entity and shall constitute the pleadings, subject to the power of the court to permit an amendment in the interest of justice. The affidavit of the direct contractor shall be deemed controverted by the counteraffidavit of the claimant, and both shall be received in evidence.

(b)At the hearing, the direct contractor has the burden of proof.

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.