“The purpose of a mechanic’s lien is to prevent private property owners from obtaining a benefit to their property without paying the cost for it.” (Cal Sierra Construction, Inc. v. Comerica Bank (2012) 206 Cal. App. 4th 841, 848.) “The California Constitution directs the Legislature to provide for the speedy and efficient enforcement of mechanic’s liens in Article XIV, section 3.” (Connolly Development, Inc. v. Superior Court (1976) 17 Cal.3rd 803, 810.) “The mechanics’ lien system is the only creditors’ remedy stemming from a constitutional mandate.” (Id.)
Motion to Remove Mechanic’s Lien
“A motion to remove a mechanic’s lien is recognized as a device that allows the property owner to obtain speedy relief from an unjustified lien or a lien of an unjustified amount without waiting for trial on the action to foreclose the lien.” (Howard S. Wright Construction Company v. Superior Court (2003) 106 Cal. App. 4th 314, 318.)
“The grant of a motion to remove a mechanic’s lien is essentially a judgment on the underlying foreclosure action that no lien exists, and once the judgment is recorded, the lien is removed from the public records.” (Id. at 318.) See also, Civil Code §3148 (dismissal of action to foreclose lien or a judgment rendered therein that no lien exists shall be equivalent to the cancellation and removal from the record of such lien).
Procedural Steps to Removal of Mechanic’s Lien
The Legislature enacted the current statutory scheme for mechanic’s liens at Civil Code sections 8000 to 9566 and it has been operative since July 1, 2012. Civil Code section 8480 authorizes a party to file a petition to seek an order removing a mechanic’s lien when the claimant did not file an action to enforce the lien within the time required under section 8460, which is 90 days after the lien is recorded. Section 8482, however, states that the owner of property may not petition the Court for a release order unless at least 10 days before filing the petition the owner gives the claimant notice demanding that the claimant execute and record a release of the claim of lien.
Requirements for a Petition to Release Mechanic’s Lien
Section 8484 identifies the requirements for the petition for a release order, which include the following:
The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition.
The county in which the claim of lien is recorded.
The book and page or series number of the place in the official records where the claim of lien is recorded.
The legal description of the property subject to the claim of lien.
Whether an extension of credit has been granted under Section 8460, if so to what date, and that the time for commencement of an action to enforce the lien has expired.
That the owner has given the claimant notice under Section 8482 demanding that the claimant execute and record a release of the lien and that the claimant is unable or unwilling to do so or cannot with reasonable diligence be found.
Whether an action to enforce the lien is pending.
Whether the owner of the property or interest in the property has filed for relief in bankruptcy or there is another restraint that prevents the claimant from commencing an action to enforce the lien.
Hearing and Burdens of Proof
Sections 8486 and 8488 identifies the procedures for setting the hearing and the burdens of proof at the hearing. The petitioner has the initial burden of producing evidence on those matters. The petitioner has the burden of proof as to the issue of compliance with the service and date for hearing requirements of this article. The claimant has the burden of proof as to the validity of the lien.
Attorney’s Fees
Under Civil Code section 8488(c), the prevailing party on a petition to release property from a mechanic’s lien is entitled to reasonable attorney’s fees.
Nature of Proceedings: Demurrer; Motion Remove Mechanics Lien
Demurrer and Motion to Remove Mechanic’s Lien
RULING
Defendants’ demurrer to the complaint is overruled. Defendants’ motion to remove mechanic’s lien is denied without prejudice. Both the demurrer and motion are moot since plaintiff has filed a first amended complaint.
BACKGROUND
In this action plaintiff Sutco, Inc. has f...
..foreclosure of mechanic’s lien. The mechanic’s lien that is the subject of plaintiff’s fourth cause of action was filed with the Santa Barbara County Recorder’s Office on May 5, 2009 as document number 2009-0025643 and is attached to the complaint as Exhibit A.
On September 29, 2009, defendants filed the within demurrer and motion to remove mechanic’s lien. In their demurrer, defendants assert...
MINH BUI v A2Z CONSTRUCTION & DESIGN et al
Petition for Order Releasing Mechanics Lien
1. Order releasing mechanic’s lien of Defendant, Khoa Le
2. Order releasing mechanic’s lien of Defendant, Tile Outlet and Stone
3. Order releasing mechanic’s lien of Defendant, Vector Design
This case arises from the Plaintiff’s claim that the Defendants breached an agreement under which they provided const...
..days of recording the mechanic’s liens.
The purpose of a mechanic’s lien is to prevent private property owners from obtaining a benefit to their property without paying the cost for it. Cal Sierra Construction, Inc. v. Comerica Bank (2012) 206 Cal. App. 4th 841, 848. The California Constitution directs the Legislature to provide for the speedy and efficient enforcement of mechanic’s liens in A...
SUBJECT: Motion to Expunge Mechanic’s Lien
Moving Party: Defendants/Cross-Complainants Shaul Raigorodsky and Ludmila Raigorodsky
Resp. Party: Plaintiff/Cross-Defendant A.R.M. Builders, Inc.
Defendants’ motion to expunge lien is DENIED.
BACKGROUND:
Plaintiff A.R.M. Builders, Inc. commenced this action on April 9, 2019 against Defendants Ludmila Raigorodsky, Shaul Raigorodsky, and First Republi...
..tiff completed. (Ibid.)
On June 19, 2019, Ludmila Raigorodsky and Shaul Raigorodsky filed a cross-complaint against A.R.M. Builders, Inc. and Aaron Weiss for (1) breach of contract; (2) money had and received; (3) fraud; (4) professional negligence; and (5) quiet title.
On August 23, 2019, the Court granted Ludmila Raigorodsky and Shaul Raigorodsky’s motion to strike and denied their motion to c...
Bart Mahoney v. Rodrigo Uriate Torres
PETITION FOR RELEASE OF PROPERTY FROM MECHANIC’S LIEN;
REQUEST FOR ATTORNEYS’ FEES
MOVING PARTY: Petitioner Bart Mahoney
RESPONDING PARTY(S):No opposition filed.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Respondent, which performed subcontracting services for Petitioner’s real property, has refused to execute a release of mechanics lien after faili...
..res is ordered to pay this amount to Petitioner within 60 days of the date of this Order.
Petitioner to give notice, unless waived.
DISCUSSION
Petition To Release Lien
On February 7, 2019, Petitioner Bart Mahoney filed a verified petition to release property from mechanic’s lien. Petitioner asserts that no action to foreclose the mechanic’s lien has been filed, no extension of credit has been...
# 10
chakravardhan bizzala, Petitioner, v. r&R Construction, Respondent.
Case No.: ES022467
Hearing Date: July 20, 2018
[Tentative] order RE:
petition to release property from mechanics lien (civ. code, §8460)
BACKGROUND
Petitioner Chakravardhan Bizzala (“Petitioner”) filed this petition to release property from mechanics lien (Civil Code, §8460) on June 19, 2018. The petition involves real...
..eal property from this lien.
LEGAL STANDARD
The purpose of a mechanics lien is to prevent private property owners from obtaining a benefit to their property without paying the cost for it. (Cal Sierra Construction, Inc. v. Comerica Bank (2012) 206 Cal.App.4th 841, 848.) The California Constitution directs the Legislature to provide for the speedy and efficient enforcement of mechanics liens in A...
PETITION FOR RELEASE OF PROPERTY FROM MECHANIC’S LIEN
(Civ. Code § 8480 et seq.)
TENTATIVE RULING:
Petitioner Jasmine A. Lomax’s Petition to Release Property from Lien and Attorney’s Fees is GRANTED IN PART.
ANALYSIS:
I. Background
On July 2, 2019, Petitioner Jasmine A. Lomax (“Petitioner”) filed this Petition to Release Property from Lien (the “Petition”), seeking to release a mechanic’s li...
..’ lien statutes, which are set out in the Civil Code commencing at [(section 8480 et seq.)], are based on article XIV, section of the California Constitution. ‘The mechanics’ lien is the only creditors’ remedy stemming from constitutional command and our courts ‘have uniformly classified the mechanics’ lien laws as remedial legislation, to be liberally construed for the protection of laborers and...
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and adaress):
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TELEPHONE NO.: 530-899-2777 FAX NO. (Optiona): 530-899-3221 |
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CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and adaress):
Stewart P. Galbraith SBN: 146373 FOR COURT USE ONLY
PENNEY & ASSOCIATES Superior Court of California F
1802 Foundation Lane, Suite 100, Chico, CA 95928 County of Butte
TELEPHONE NO.: 530-899-2777 FAX NO. (Optiona): 530-899-3221 |
E-MAIL ADDRESS (Optional
ATTORNEY FOR (Name): LINO NAVA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
street appress:1775 Concord Avenue D
“pesiommoe!
MAILING ADORESS:‘One Cour...
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and adaress):
Stewart P. Galbraith SBN: 146373 FOR COURT USE ONLY
PENNEY & ASSOCIATES Superior Court of California F
1802 Foundation Lane, Suite 100, Chico, CA 95928 County of Butte
TELEPHONE NO.: 530-899-2777 FAX NO. (Optiona): 530-899-3221 |
E-MAIL ADDRESS (Optional
ATTORNEY FOR (Name): LINO NAVA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
street appress:1775 Concord Avenue D
“pesiommoe!
MAILING ADORESS:‘One Cour...