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1976-1207_BRAEGER ,ART A._Notice to Withhold RECEIVEDPO
kc 1 12 ii PM 176
RAO
CITY OF
NOTICE TO WITHHOLD CAPs AI JUAN
ISTRANO
STOP NOTICE TO HOLDER OF FUNDS
For Materials Furnished and/or Labor Performed
TO City of San Juan Capistrano , HOLDER OF FUNDS, City of San Juan Capistrano
NOTICE IS HEREBY GIVEN that the undersigned has performed labor and/or furnished materials to the contractor or other person
acting by the authority of the contractor and/or the owner in the repair, construction or alteration upon the property generally
described as follows:
E1 Camino Real Park, San Juan Capistrano, California
The same has been furnished between the 28th day of Ln
and th0th day of October 19_76 . A general description of the nature of the
labor performed and/or materials supplied is as follows:
Stamped concrete including, concrete, color, labor, wax, and tools necessary to
perform the installation.
The name or names of persons to or for whom the same was performed or furnished is (are)
Art Breager Construction
1334 No. Benson
Upland, California
The total value of all labor to be performed and/or materials to be furnished is $
THE CLAIM OF THE UNDERSIGNED is for the value of all materials and equipment actually furnished and/or for services and labor actually
performed for which payment has not been received;which claim is $ 1550.00.
YOU ARE HEREBY NOTIFIED TO WITHHOLD sufficient money to answer the foregoing claim and any lien that may be filed therefor for record
under Article 2, Title 4, Part 3, of the California Code of Civil Procedure. (§1190.1 to 1193.1 C.C.P.)
Will -am orhead Corp. , dba
Name of Clai E CONCRETE
B :�—
P. 0. Box 404
South Laguna, California 92677
Complete Address of Claimant (Zip Code)
STATE OF CALIFORNIA )
s.s.
COUNTY OF � � )
being duly sworn, deposes
and says: That he is the person who signed the foregoing Notice to Withhold; that he has read the same and knows the contents thereof to be true
of his own knowledge, except as to any matters or things that may therein be stated on his information and belief and as to those matters and things
he believes them to be true.
Deponent
Subscribed and sworn before me
�
1
this / day of 191_ . - CA `-'I i IN
Nota'T Public and for said�g ' r I c' ;l `III' -;
MY Comnia�lon C_;_s:9 _j G 1977
(over) hTi.^:��. „_.._'..._. __., __-__ u LrV'vi
1, _W11111100—ARNO INN W1111
NOTICE TO WITHHOLD
WOLCOTTS FORM 894, REV. 9-68
:SW-MaiAXooXuaiaii0
i
i
FOR YOUR ASSISTANCE SECTION 1190.1(h) of the California Code of Civil Procedure as amended by the 1967
legislative session is hereafter quoted. Should you have any doubt as to the usefulness of this form for your
purposes you are urged to consult your attorney.
(h) Notice to equitable owner; withholding funds.
(h) Any of the persons mentioned in Sections 1181 and 1184.1, except the contractor, at any time prior to
the expiration of the period within which claims of lien must be filed for record, as prescribed by the provisions
of Section 1193.1 of this code, may, in any instance in which the funds with which the cast of the work of
improvements are, wholly or in part, to be defrayed from the proceeds of a building loan, give to the mortgagee,
beneficiary under deed of trust, or assignee or successor in interest of either, or to any escrow holder or
other party holding any funds furnished or to be furnished by the owner or lender or any other person as a
fund from which to pay construction costs or arising out of a construction or building loan, a notice similar
to the one provided for in subdivision (a) of this section, whereupon the person so given such notice under this
subsection may withhold funds to answer such claims and any lien that may be fled therefor, but shall be under
no obligation to do so unless a bond is furnished as hereinafter provided. Such notice may only be given for
materials, equipment, or services furnished, or labor performed.
If such person entitled to file such a claim under this subsection files with the person holding such funds
as a fund from which to pay such construction costs, a bond with good and sufficient sureties in a penal sum
equal to one and one-quarter times the amount of such claim, undertaking that if the defendant recovers
judgment in an action brought on said verified claim or on the lien filed by the claimant, the lien claimant will
pay all costs that may be awarded against the owner, contractor, or person holding such funds, or any of
them, and all damages that such owner, contractor, or person holding such funds may sustain by reason of
the equitable garnishment effected by the claim or by reason of the lien, not exceeding the sum specified
in the undertaking, then the person holding such funds must withhold from the borrower or other person to
whom said owner may be obligated to make payments or advancements out of said fund sufficient money to
answer such claim, and any lien that may be filed therefor. No assignment by the owner or contractor of
construction loan funds, whether made before a verified claim is fled, or after such claim is fled shall be held
to take priority over claims filed under this subsection (h) and such assignment shall have no binding force
insofar as the rights of claimants who file claims hereunder are concerned.
This standard form covers most usual problems in the field
indicated. Before you sign, read it, fill in all blanks, and make
changqes proper to your transaction. Consult a lawyer if you doubt
the form's fitness for your purpose.