Judge: Christopher K. Lui, Case: 24STCP02341, Date: 2024-09-23 Tentative Ruling

Case Number: 24STCP02341    Hearing Date: September 23, 2024    Dept: 76

            Petitioner filed a petition to release mechanic’s lien on the subject property after respondent failed to execute and record a release of the lien claim.

TENTATIVE RULING

            The petition was served by certified mail with return receipt requested on August 14, 2024. However, service by mail is insufficient as to a petition which institutes an action, unless a signed notice of acknowledgment is returned. (Civ. Proc. Code, § 415.30.) There is no indication that this occurred.

            As such, the petition to release mechanic’s lien is DENIED without prejudice. Petitioner is to serve the petition and notice of new hearing date in the manner of a summons and complaint pursuant to code.