PETITION FOR RELEASE OF PROPERTY FROM LIEN AND ATTORNEYS’ FEES

(Civ. Code § 8480 et seq.)

TENTATIVE RULING:

For the foregoing reasons, the Petition for Release of Property from Lien and Attorneys’ Fees is DENIED.

RELIEF SOUGHT:

[X] Release of Mechanic’s Lien - Per CC § 8480.

[X] Attorneys’ Fees and Costs - Per CC § 8488(c).

I. Background

On March 28, 2018, Respondent Dave Bischoff filed a complaint against Petitioner to foreclose on mechanic’ lien and stay pending arbitration. Respondent’s Motion to Stay All Proceedings Pending Contractual Arbitration was denied on August 30, 2018 (8/30/18 Minute Order.) On January 4, 2019, Respondent, the AAA provided to Petitioner the arbitrator’s award in favor of Respondent. (Pet., Slade Decl., ¶ 2.)

On March 4, 2019, Petitioner filed a Petition to Vacate Arbitration Award. On May 10, 2019, this Court granted the petition, finding that the entire contract that was the basis for the mechanic’s lien was unenforceable on the basis of unconsci