Judge: Armen Tamzarian, Case: 24STCP03744, Date: 2024-12-11 Tentative Ruling

Case Number: 24STCP03744    Hearing Date: December 11, 2024    Dept: 52

Petitioner John Flaherty’s Petition for Release of Mechanics Lien

Petitioner John Flaherty petitions under Civil Code section 8480 to release real property from the claim of a mechanics lien by respondent Restorerz Emergency Services, LLC. 

Service of Petition

            Petitioner meets his burden of proving “compliance with the service and date for hearing requirements” for this petition.  (Civ. Code, § 8488, subd. (a).)

Petitioner shows valid service of the petition.  Civil Code section 8486, subdivision (b) provides, “The petitioner shall serve a copy of the petition and a notice of hearing on the claimant at least 15 days before the hearing.  Service shall be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested, addressed to the claimant as provided in Section 8108.”  (Civ. Code, § 8486, subd. (b).)

            Petitioner submitted proof of service by certified mail under Civil Code section 8108.  Section 8108, subdivision (e) provides, “If the person to be notified is a claimant, the claimant’s address shown on the claimant’s contract, preliminary notice, claim of lien, stop payment notice, or claim against a payment bond, or on the records of the Contractors’ State License Board.” 

            The person to be served is claimant Restorerz Emergency Services, LLC.  The claim of mechanics lien recorded on February 20, 2024, shows the claimant’s address as 16539 Saticoy St., Van Nuys, CA 91406.  (Petition, Ex. A, p. 2.)  Petitioner’s proof of service states, under penalty of perjury, that petitioner served the petition, including notice of this hearing and all supporting papers, by certified mail, return receipt requested, to that address on November 20, 2024.  (Decl. of Proof of Service.)  Under Civil Code section 8116, subdivision (b), service given by mail was deemed complete that day, which was more than 15 days before this hearing. 

Merits of Petition

            Petitioner shows valid grounds to release respondent’s claim of mechanics lien.  “The owner of property …  subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 8460.”  (Civ. Code, § 8480, subd. (a).)  Section 8460, subdivision (a) provides, “The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien.  If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.”

            Respondent recorded its claim of mechanics lien on February 20, 2024.  (Petition, Ex. A.)  On November 18, 2024, more than 90 days later, petitioner filed this verified petition stating respondent has not commenced any action to enforce the lien (Petition, ¶ 11) and that petitioner did not agree to extend the deadline to do so (¶ 7). 

Petitioner shows he complied with Civil Code section 8482, which requires “demanding that the claimant executed and record a release of the claim of lien” at least 10 before filing the petition.  Petitioner served such a demand on August 22, 2024.  (Petition, ¶¶ 9-10, Exs. B & C.)  The petition also meets all requirements under Civil Code section 8484.

Disposition

            Petitioner John Flaherty’s petition to release real property from the claim of mechanics lien by respondent Restorerz Emergency Services, LLC is granted.  The court hereby releases the real property commonly known as 11423 McCune Avenue, Los Angeles, CA 90066 from the claim of lien respondent recorded on February 20, 2024. 

Petitioner is the prevailing party entitled to reasonable attorney fees under Civil Code section 8488, subdivision (c).    

The court will sign the proposed order petitioner submitted.