Mechanic’s Lien

Useful Rulings on Mechanic’s Lien

Recent Rulings on Mechanic’s Lien

1-25 of 10000 results

SUNBELT RENTALS INC V GWEN J HAUENSTEIN ET AL

On October 11, 2018, plaintiff filed a complaint for (1) foreclosure of mechanic’s lien; and (2) breach of contract. Defendants BMI Group, Inc. and Ara Baljian filed an answer on January 2, 2019. Defaults for Gwen Hauenstein and Gary Hauenstein were entered on July 22, 2019. On January 6, 2020, attorney Robert Monterrosa appeared at a Case Management Conference (CMC) on behalf of the Hauenstein defendants. (January 6, 2020 Minute Order.) On January 27, 2020, Mr.

  • Hearing

CONSERVATORSHIP OF MAJOR R. LEAGUE

A schedule must be submitted that shows “all liabilities which are a lien on estate … assets”; “all notes payable” etc. The estate obviously has a mortgage on the real property. A schedule showing the balance owed and the monthly liability should be included with every accounting until the mortgage is paid off. Discrepancy no. 10 – Schedule F is improperly included. Loss of value to an asset of the estate is properly accounted for in the category and accompanying schedule: “Losses on Sales.”

  • Hearing

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

HEINE VS TARGET

applicable law, Subcontractor agrees to defend, indemnity and hold harmless the Contractor and/or Owner, their officers, directors, agents and employees, from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including but not limited to, attorneys' fees, arising in whole or in part and in any manner from the acts or omissions of the Subcontractor, its officers, directors, agents employees or subcontractors, in the performance of this Contract, regardless of whether such lien

  • Hearing

STARA ORIEN VS MISTA L LUTZ ET AL

Failure to serve all parties as required by this subdivision does not affect the lien created by the filing under subdivision (b), but the rights of a party are not affected by the lien until the party has notice of the lien. Thus, although Chelese’s non-service of the Notice of Lien and Notice of Entry of Sister-State Judgment do not affect the lien, Plaintiff’s rights are not affected by the lien until Plaintiff has notice thereof.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

JOSEPH GRESSIS VS CORPORATE MANAGEMENT SERVICES, INC.

The levying officer’s failure to do so does not impact the validity of the execution lien: “In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of execution and a notice of levy are required by statute to be posted or to be served on or mailed to the judgment debtor or other person, failure to post, serve, or mail the copy of the writ and the notice does not affect the execution lien created by the levy.” (CCP § 699.550.)

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

JORGE GUZMAN JR VS HECTOR CHAVEZ ET AL

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT JORGE GUZMAN, JR., Plaintiff, vs. HECTOR CHAVEZ, et al., Defendants. CASE NO.: BC562564 [TENTATIVE] ORDER RE: MOTION FOR SUMMARY ADJUDICATION; MOTION FOR SANCTIONS Date: November 25, 2020 Time: 8:30 a.m. Dept. 56 Jury Trial: Ju...

  • Hearing

MARCEL JORDAN VS WILLIAM CARR, ET AL.

Every grant of an estate in real property is conclusive against the grantor, also against everyone subsequently claiming under him, except a purchaser or incumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly recorded. (Civ. Code § 1107.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

DEVIN WEISBERG VS JAURIGUE LAW GROUP, ET AL.

Weisberg’s Charging Lien was ignored and circumvented. (FAC ¶ 31.)

  • Hearing

FINANCIAL SERVICES VEHICLE TRUST, BY AND THROUGH ITS SERVICER BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ARMEN MELIKYAN, ET AL.

West Hollywood Collision Center aka West Hollywood Collision Center, Inc. subsequently represented to Plaintiff that the vehicle was returned to Melikyan, but on March 22, 2019, Plaintiff received Notice of a Pending Lien Sale from the Department of Motor Vehicles scheduled for March 29, 2019. The vehicle subsequently sold to employee of West Hollywood Collision Center aka West Hollywood Collision Center, Inc., Defendant Onnik Kazanchian aka Nick Kaz.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

JPMORGAN CHASE BANK, N.A. VS. JOSE LUIS TORRES, ET AL

DISCUSSION: Merits – Objection to Proposed Judgment – Leticia makes five objections as follows: No. 1, a written instrument is required to create an equitable lien; No. 2, the imposition of equitable lien contradicts the Court's ruling that judicial estoppel does not apply in this case; No. 3, the facts alleged by Plaintiff do not entitle Plaintiff to reformation; No. 4, Leticia's cross-complaint is unaffected by the Court's ruling; and No. 5, the L2XC is not moot pursuant to California's One Final Judgment

  • Hearing

JUAN PABLO BENITEZ VS CLASSIC COSMETICS INC ET AL

Dept. F-49 Calendar # Date: 11-23-20 Case #BC696333 Trial Date: 4-19-21 c/f 6-1-2020 INDEPDENDENT MEDICAL EXAMINATION MOVING PARTY: Defendant/Cross-Complainant, PackDevCo., Inc. RESPONDING PARTY: Plaintiff, Juan Benitez, pro per RELIEF REQUESTED Motion to Compel an Independent Medical Examination of Plaintiff Jua...

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ERIC LAW VS. CITY OF SACRAMENTO

They contend, among other things: 1) the imposition of a lien or special assessment to collect an administrative penalty is not permitted by Government Code section 53069.4; 2) the City failed to provide Petitioners with fair notice of the prohibited conduct or a meaningful opportunity to be heard; 3) the City did not meet its burden of proof at the administrative hearing; 4) the City violated Petitioners’ due process and Eighth Amendment rights under the United States and California Constitutions by imposing

  • Hearing

CRABTREE V. COOKIE CUTTER POOLS INC.

Petition to Release Mechanics Lien TENTATIVE RULING Parties to appear.

  • Hearing

LUDLOW V. VALLI CONSTRUCTION, INC.

Receiver is to provide brief monthly written reports to the court and any non-party lien holders. (Cal. Rules of Court, rule 3.1182). A status conference and hearing for receipt of a Receiver’s detailed report is set for March 4, 2021 at 10:00 a.m. in Department 8.

  • Hearing

JACQUELINE PEREZ VS MARIA ANGELICA CANEDO

” (2) Kaiser Permanente Billing Department/The Central Release of Information Unit: “Complete billing records, including but not limited to any records/documents that may be stored digitally and/or electronically: charges, statements, explanation of benefits, payments, adjustments, write-offs, lien agreements, Letters of Protection between the facility and patient's attorney, balances paid, balances due, CPT/diagnostic codes, and itemized billing charges pertaining to any and all care, treatment, and/or examinations

  • Hearing

  • County

    Los Angeles County, CA

ARTHUR AMBARACHYAN VS GEORGE PLAVJIAN, ET AL.

The fourth amended complaint (“4AC”), filed March 17, 2020, alleges causes of action for: (1) fraud and conspiracy against Kakoian; (2) negligent misrepresentation against Kakoian; (3) breach of contract against Kakoian; (4) equitable lien against Kakoian; (5) negligence against Lawyers Title; (6) equitable indemnity against Chukhyan, Plavjian, KSR, Badeer, Shabazian, and Narkaz; (7) comparative indemnity against Chukhyan, Plavjian, KSR, Badeer, Shabazian, and Narkaz; (8) declaratory relief against Chukhyan,

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

ARMEN MANASSERIAN, ET AL. VS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICA

Jay Lee (PMQ of Pacific City Bank) testified in his deposition that Pacific City Bank relied on Homeward/Ocwen’s short sale approvals, expected that Duetsche Bank’s loan would be satisfied through payment of the payoff funds, Deutsche Bank’s deed of trust would be released, the property would be sold to Poladyan, and that Pacific City Bank’s deed of trust would be the senior lien on the property. (Pl.’s AMF 26; Def.’s AMF Response 26; Opp. Evid., Ex. J [Lee Depo. at pp. 32-35, 42, 50, 53-55].) Mr.

  • Hearing

  • County

    Los Angeles County, CA

TD AUTO FINANCE LLC VS NEW TECH AUTO CARE, A CALIFORNIA CORPORATION, ET AL.

However, such a lien shall be extinguished and no lien sale shall be conducted unless either: (a) the lienholder applies for an authorization to conduct a lien sale within 30 days after the lien has arisen, or (b) an action in court is filed within 30 days after the lien has arisen. (Civil Code, § 3068(b)(1).)

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

COLDWATER PLACE, LLC VS O.M.D., INC.

Petition to Release Mechanic's Lien Calendar: Case No.: 20BBCV00697 Hearing Date: November 20, 2020 Action Filed: October 13, 2020 Trial Date: Not Set MP: Petitioner Coldwater Place, LLC RP: O.M.D., Inc. ALLEGATIONS: Coldwater Place, LLC (Petitioner) filed a Petition to Release Mechanic's Lien against Respondent O.M.D., Inc. on October 13, 2020. Petitioner alleges that the lien was recorded against real property at 12905 W.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

IN RE THE MATTER OF THE BRUCE ROBINSON LIVING TRUST

Petition, item 13.b (5): The petitioner states that a medical expense lien was reduced from $920.00 to $695.00. However, the attached invoices states the reduction as $645.00. Was this a typographical error? The petitioner shall clarify the amount. 2. Petition, item 18: The petition states that the attorney and the petitioner have an agreement for the services provided relating to the claim before the court.

  • Hearing

(NO CASE NAME AVAILABLE)

Code, § 3853), or assertion of lien rights in the employee’s recovery (Lab. Code, § 3856, subd. (b).)” (Catello v. I.T.T. General Controls (1984) 152 Cal.App.3d 1009, 1015, fn. 7.) ICW is Plaintiff’s employer’s workers’ compensation carrier who has paid benefits to Plaintiff. Pursuant to Labor Code section 3853, it is appropriate for ICW to intervene. ICW has also filed a Complaint-in-Intervention on June 23, 2020.

  • Hearing

DEAN J. ZAMANI VS. JOHN DINOVI, ET AL

The court also notes that Kaplan, Kenegos & Kadin submitted a Notice of Amended Attorney Lien for $27,838 as to John Dinovi, et al. Moving Defendant is ordered to give notice.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ERIK COVARRUBIAS VS ARBON EQUIPMENT CORPORATION, ET AL.

Defendant argues the response is deficient because it is silent as to whether Plaintiff is planning to assign a lien; Defendant argues the response “indicates that an assignment may be planned or is being discussed.” As Plaintiff correctly notes in opposition to the motion, the RPD does not seek production of documents relating to any lien that might potentially be created in the future. The RPD seeks production of document relating to any lien “assigning a right of recovery.”

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

YVONNE BARRO VS JOHN EIKER ET AL

When adding her counsel’s priority lien and her general damages claim, she argues Sedgwick’s “lien” precludes her from obtaining a “full recovery”. She also argues a worker’s compensation carrier is not entitled to recovery for certain benefits such as a qualified medical examination and Sedgwick has not shown which costs it is seeking to recover. However, Barro does not identify any of the actual costs that Sedgwick should not recover.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MOOREFIELD CONSTRUCTION, INC. VS 1AND8 INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS MUSEUM OF ICE CREAM, ET AL.

“A claimant may enforce a lien only if the claimant has given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200) and made proof of notice.” (Civ. Code, § 8410.) Section 8200 requires the service of preliminary notice upon the owner or reputed owner of the property, the director contractor, and the construction lender. (Civ. Code § 8200, subd. (a)(1)–(3).)

  • Hearing

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