That's a really good question. Under § 9352(c) of the California Civil Code, a Stop Payment Notice may only include "the amount due the claimant for work provided through the date of the notice." Thus, if a retainage amount is being lawfully withheld and has not yet become due, it might not be wise to include that amount in a Stop Payment Notice. Of course, under § 8128, a claimant has the ability to reduce the amount of their stop payment notice - or to release the notice in its entirety - relatively easily. But the safest option is likely to only include amounts that are currently due and owing.
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