“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.)
“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).
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.
Section 8484 identifies the requirements for the petition for a release order, which include the following:
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.
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.
Board of Fire and Police Pension Commissioners move for an order granting leave to file their FACC, explaining that “this additional cause of action merely clarifies that, in the unlikely event that the Board were to lose title to the Parking Lot after trial, the Board would nonetheless be entitled to an equitable lien based upon its payoff of a prior loan that Chino Americana took out in connection to the Parking Lot.” (Id. at p. 4:8-11.)
Jul 29, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Pursuant to the Settlement Agreement, McHugh was obligated to: (1) Deed the following three properties to Greenfield: APN’s: 6316-006-010; 6316-006-017; 6316-006-013 (“the Atlantic Property”) and in exchange, McHugh was to receive a note for $1,000,000.00 secured by a Deed of Trust on these properties; (2) Remove any existing lien, including assignment of rents or mortgage of $500,000.00 on the Atlantic Property; (3) Deed the following five properties to Greenfield: APN’s: 8137-020-026; 8137-020-028; 3350-004
Jul 16, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Third, Petitioner has failed to attach the final Medi-Cal demand letter or letter agreement as Attachment 13b(4) detailing the settlement reached with Medi-Cal for its lien rights. CONCLUSION The petition is DENIED. Petitioner is ordered to give notice of this ruling. The Court sets an OSC Re: Dismissal on October 19, 2020 at 8:30 a.m. in Department 28 in Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.
Jul 16, 2020
Los Angeles County, CA
Rather, Paragraph 13b(4) merely accounts for $2,498 of Claimant’s medical expenses as having been paid by Medi-Cal and negotiated such that Medi-Cal has agreed to accept $1,795.90 in relinquishment of its lien. The remaining $649,601.09 may be an unaccounted for lien. Accordingly, the petition must be denied for Petitioner’s failure to provide complete information regarding the status of Claimant’s medical expenses as required throughout paragraph 13 of the petition.
Jul 15, 2020
Los Angeles County, CA
On June 3, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants Bank, All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff’s [sic] Title or Any Cloud on Plaintiff’s [sic] Title Thereto (“All Persons”) and Does 1-10 for: Quite [sic] Title Cancellation of Instruments Violation of the California Homeowners Bill of Rights (“HBOR”) Breach of Contract Violation of Court Approved
Jul 15, 2020
Real Property
Quiet Title
Los Angeles County, CA
(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person's lien or encumbrance after recording.” (CCP § 704.760 [emphasis added].)
Jul 15, 2020
Los Angeles County, CA
This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45...
Jul 14, 2020
Real Property
other
Ventura County, CA
Since Plaintiffs admit in their bankruptcy schedules, WILMINTON'S lien exceeded the value of the Property, there are no monetary damages.” The court can take notice of a judicial admission in a bankruptcy schedule. The demurrer to causes of action 1 – 5 is sustained without leave to amend. The court notes that there are other valid grounds raised, but only one is necessary to resolve the demurrer. Accounting This is an action in equity.
Jul 14, 2020
Real Property
Foreclosure
Los Angeles County, CA
Specifically, Defendants argue that the priority of Plaintiff’s purported title against the unrecorded Lease depended on whether the beneficiary of the foreclosed Deed of Trust, REO, was a “bona fide encumbrancer” when the lien was created, namely, whether REO had actual or inquiry notice of Defendants’ Lease. (Opposition, pgs. 11-16.)
Jul 14, 2020
Real Property
Quiet Title
Los Angeles County, CA
Background & Discussion On October 15, 2019, Plaintiff Ganahl Lumber Company (“Plaintiff”) filed a complaint for money on personal guaranty, foreclosure of mechanic’s lien and suretyship against Defendants Akop Kesablyan (“Kesablyan”) individually and as trustee of The Chalk Trust Dated February 9, 2017 (the “Trust”), Venture Investment Group, LLC (“Venture”), and Western National Mutual Insurance Company (“Western”).
Jul 14, 2020
James E. Blancarte
Los Angeles County, CA
D); but there exists a lien on the Property in the amount of $4,150,000 (RFJN, Ex. 4)—which suggests that Saticoy is undercapitalized; Based on the evidence presented, the Court finds that Plaintiffs have raised a triable issue of fact as to the question of JKRSI’s liability on an alter ego theory, and therefore a triable issue on the element of duty.
Jul 14, 2020
Contract
Breach
Los Angeles County, CA
(“Plaintiff”) filed the instant action for foreclosure of mechanic’s lien against Defendant Naim Fakhiri (“Fakhiri”). On April 24, 2018, Fakhiri filed a Cross-Complaint for breach of contract, breach of warranty and indemnity against Cross-Defendants Richter Roofing, Inc. (“Richter Roofing”), Mark Richter, and Great American Insurance Company (“Cross-Defendants”).
Jul 14, 2020
Collections
Promisory Note
Los Angeles County, CA
Motion to Deposit/Discharge of Stakeholder Ruling: Off Calendar – no hearing will be held. Defendant and Cross-Complainant Accredited Surety and Casualty Company, Inc. unopposed Motion to Deposit by Stakeholder and Discharge of Stakeholder is GRANTED. Defendant and Cross-Complainant Panasonic Avionics Corporation (“Panasonic”) has established...
Jul 14, 2020
Orange County, CA
# 12. Ditech Financial, LLC v. Ricardo Badillo, et al. Case No.: 19CMCV00213 Matter on calendar for: Motion to Substitute Plaintiff Tentative ruling: Background This is a quiet title action brought by plaintiff Ditech Financial, LLC, based on a deed of trust recorded on March 25, 2008. After filing this action, Plaintiff transfe...
Jul 14, 2020
Real Property
other
Maurice A. Leiter or Salvatore Sirna
Los Angeles County, CA
According to Sarmast, approximately 90% of Defendants’ patients have personal injury cases, in which medical services are provided on a lien basis. (Sarmast Decl. ¶ 4.) Further, Sarmast attests that if a patient is receiving treatment on a lien basis, his or her attorney would typically receive the entire medical file only if a case proceeds to litigation. (Sarmast Decl. ¶ 5.)
Jul 14, 2020
Los Angeles County, CA
The claimant has the burden of proof as to the validity of the lien. (b) If judgment is in favor of the petitioner, the court shall order the property released from the claim of lien. (c) The prevailing party is entitled to reasonable attorney’s fees. On 3/19/19, Petitioners filed the Petition to release a mechanic’s lien recorded by A’s Contractor against Petitioner’s real property. The hearing was set for 3/12/20, but the proof of service shows that it was mailed to Respondent on 2/10/20.
Jul 14, 2020
Other
Intellectual Property
Lori Ann Fournier or Olivia Rosales
Los Angeles County, CA
On March 5, 2018, Plaintiff Vincent Watson (“Plaintiff”) filed the instant action against Defendant Doris Hill (“Defendant”), Doris Hill as trustee of the Watson’s Family Living Trust dated March 9, 2007, the Watson’s Family Living Trust dated March 9, 2007, and all other persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in this complaint, which is adverse to Plaintiff’s title or creates any cloud on Plaintiff’s title for (1) Quiet Title and (2
Jul 14, 2020
Real Property
Quiet Title
Los Angeles County, CA
Tentative Ruling Teresa Sigmund v. Darlington Villa et al., Case No. SC125743 Hearing Date July 14, 2020 Maria A. Giragossian’s Motion to be Relieved as Counsel for Teresija Sigmund Counsel filed the required judicial council forms – MC050, MC051 and MC052. Counsel indicates she served her client personally and viaU.S. mail but has ...
Jul 14, 2020
Los Angeles County, CA
Plaintiff recorded a mechanic’s lien against Defendant’s property and brought suit, claiming additional payments were owed. On February 8, 2017, Following the filing of Defendant’s motion for attorney’s fees, the Court awarded Defendant $22,680 in attorney’s fees and $670 in costs on March 1, 2018. (Minute Order dated 3/15/18.) Notice of the March 1, 2018 order was served on March 14, 2018. Plaintiff did not file an opposition to the motion for attorney’s fees and did not appear at the hearing.
Jul 13, 2020
Los Angeles County, CA
Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.” (Emphasis added.) (Civ. Code, § 798.61, subd. (c)(1).)
Jul 13, 2020
Los Angeles County, CA
Seck has the legal authority to assert a lien on the proceeds of the Reddick settlement.
Jul 13, 2020
Other
Intellectual Property
Los Angeles County, CA
The appellate court likened the stop notices to a mechanic’s lien as both “are authorized by law and relate to an action for collection.” Moreover, the appellate court noted that both are “part of the California lien law scheme” and, as such, “must be construed together” to create “an integrated and harmonious scheme.”
Jul 13, 2020
Real Property
Quiet Title
Los Angeles County, CA
Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.” (Emphasis added.) (Civ. Code, § 798.61, subd. (c)(1).)
Jul 13, 2020
Los Angeles County, CA
(b) The county in which the claim of lien is recorded. (c) The book and page or series number of the place in the official records where the claim of lien is recorded. (d) The legal description of the property subject to the claim of lien. (e) 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.
Jul 13, 2020
Los Angeles County, CA
MOTION ON LIEN APPLICATION Security files a Motion on Lien Application pursuant to Labor Code section 3860, subdivision (b) and Labor Code section 3856, subdivision (b).
Jul 13, 2020
Los Angeles County, CA
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