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OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 73-41 <br />May 25, 1973 <br />SUBJECT: Required Legal Description Necessary For <br />Validity of Notice of Completion Pursuant <br />to California Civil Code Section 3093(d). <br />REQUESTED BY: Director of Public Works <br />OPINION BY: James A. Withers, City Attorney <br />Charles J. Liberto, Assistant City Attorney <br />QUESTION: Is a detailed legal description required on <br />a Notice of Completion pursuant to California <br />Code of Civil Procedure ~ 3093(d)? <br />ANSWER: A detailed legal description is not necessary <br />for the validity of a Notice of Completion; <br />however, the description must be sufficient to <br />enable the recipients of the Notice to identify <br />the property and to distinguish it from other <br />sites with which it might reasonably be con- <br />fused. <br />ANALYSIS: <br />California Civil Code § 3093 specifically provides that <br />a Notice of Completion must contain "a description of the site <br />sufficient for identification, containing the street address of <br />the site, if any." The implication of this Code requirement is <br />that if a street address is available, it must be used. If a street <br />address is not available, then the words "description of the site <br />sufficient for identification" in our opinion, mean that the des- <br />criptio~ must be sufficient to enable recipients of the Notice to <br />identify the property and distinguish it from other sites with which <br />it might be reasonably be confused. <br />The inherent purpose of the Notice of Completion form is <br />to put on notice original contractors, sub-contractors, material <br />men, equipment renters, and laborers, on public works projects, that <br />they have within thirty (30) days from the date of recordation of <br />the Notice of Completion to serve a stop notice on the City. ( Civil <br />Code § 3184). Failure to ;ile the Notice of Completion or failure <br />to file a valid Notice of Completion simply extends to ninety (90) <br />days after the date of completion the time within which said persons <br />may file a stop notice with the City. <br />78 <br />