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  • T. VIOLE CONSTRUCTION CO., INC., A CALIFORNIA CORPORATION VS TORRES IRON WORK, INC., A CALIFORNIA CORPORATION Other Civil Petition (General Jurisdiction) document preview
  • T. VIOLE CONSTRUCTION CO., INC., A CALIFORNIA CORPORATION VS TORRES IRON WORK, INC., A CALIFORNIA CORPORATION Other Civil Petition (General Jurisdiction) document preview
						
                                

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division North Valley District, Chatsworth Courthouse, Department F47 19CHCP00302 October 30, 2019 T. VIOLE CONSTRUCTION CO., INC., A CALIFORNIA 8:30 AM CORPORATION vs TORRES IRON WORK, INC., A CALIFORNIA CORPORATION Judge: Honorable Melvin D. Sandvig CSR: None Judicial Assistant: Kailin Keating ERM: None Courtroom Assistant: Greg Gilbertson Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances NATURE OF PROCEEDINGS: HEARING ON PETITION TO RELEASE PROPERTY-MECHANIC'S LIEN The matter is called for hearing. There are no appearances. The hearing will be continued. Without citing any authority, Petitioner T. Viole Construction Co., Inc. claims that it is the statutory agent of the owner of the real property which is the subject of this petition. (See Petition ¶1). T. Viole Construction Co., Inc. was hired as the direct contractor of the owner of the subject property and Respondent Torres Iron Works, Inc. Iron Works, Inc. was hired as a subcontractor. On 11/13/18, Torres Iron Works, Inc. recorded a mechanic’s lien on the subject property in the amount of $59,523.05. (Petition ¶7 and Exhibit 1 thereto). On 12/6/18, pursuant to Civil Code Section 8424, T. Viole Construction Co., Inc. recorded a bond in the amount of $74,403.81 to release the mechanic’s lien. (Petition ¶8 and Exhibit 2 thereto). T. Viole Construction Co., Inc. claims that on 12/6/18, Torres Iron Works, Inc. was given notice of the recordation of the bond via certified mail, return receipt requested; however, no evidence of such mail or return receipt is provided and the petition is not verified. (Petition ¶9). Torres Iron Works, Inc. did not bring an action on the bond within 6 months of the date notice was given as required by Civil Code Section 8424(d). T. Viole Construction Co., Inc. claims that on 7/23/18, it gave Torres Iron Works, Inc. notice via overnight mail demanding that Torres Iron Works, Inc. execute and record a release of the Minute Order Page 1 of 2