Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

BACKGROUND 

This action arises from a mechanic’s lien.  Petitioner Diya Finance LLC owns the real property located at 950 North Ogden Drive, West Hollywood Ca 90046 (the “Property”).  On January 10, 2024, Respondent All California Construction, Inc. recorded a claim of mechanic’s lien against the Property.  The lien was in the amount of $1,350,000 for demolition and new construction.     

This hearing is on Petitioner’s petition to release mechanic’s lien.  Petitioner argues it is entitled to a release because no action has been filed to foreclose the lien within 90 days of the recording of the lien, as required by Civil Code § 8460.   

LEGAL STANDARD 

 

Civil Code § 8460(a) states that a mechanic’s lien expires and is unenforceable unless an action to enforce the lien is commenced within 90 days of its recording.  If the claimant has not timely commenced an enforcement action, the property owner may petition the court to release the lien.¿¿¿ 

At least 10 days prior to filing the petition to release the lien, the moving party must demand in writing that the claimant execute and record a release of the lien and set forth the grounds for that demand.¿ (Civil Code § 8482.)  The petition must be verified, attach a certified copy of the lien, and allege details regarding the subject property and the lien’s recording, as specified in Civil Code § 8484.  The petition and notice of hearing must be served at least 15 days before the hearing and in the same manner as service of summons (or by certified or registered mail, postage prepaid, return receipt requested). (Civil Code § 8486.)   

The petitioner has the initial burden of proof to show compliance with the service and hearing date requirements, and the lienholder has the burden of proof as to the validity of the lien.  If the petitioner prevails, the court shall order the property released from the lien. (Civil Code § 8488.) The prevailing party is entitled to recover reasonable attorney’s fees.¿ (Id.)¿  

DISCUSSION 

 

The Petition is verified, includes a certified copy of the lien, and alleges sufficient details regarding the Property and the recordation of the lien.  Additionally, Petitioner sent Respondent a written demand letter to remove the lien by certified mail at least 10 days before the Petition was filed.  (Exh. B to Petition.)¿¿¿Respondent did not respond to the demand letter.  (Petition ¶ 7.)   Moreover, Petitioner has shown it has complied with the necessary service requirements.  The Petition and Notice of Hearing were served on Respondent on May 8, 2024, at least 15 days before the hearing.   

 

CONCLUSION 

Based on the foregoing, the Court GRANTS the petition to release the mechanic’s lien. 

 

IT IS SO ORDERED. 

 

DATED:  October 14, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court