Judge: Elaine W. Mandel, Case: 23SMCV01991, Date: 2023-09-20 Tentative Ruling

Case Number: 23SMCV01991    Hearing Date: November 28, 2023    Dept: P

Tentative Ruling

Groundtech, Inc. vs Michael Puryear, et al. Case No. 23SMCV01991

Hearing Date November 28, 2023

Defendant Puryear’s Motion to Remove Mechanic’s Lien

Plaintiff Groundtech alleges defendant homeowner Puryear and general contractor RDG failed to pay for its services. Puryear moves to remove Groundtech’s mechanic’s lien. To create a valid mechanic’s lien, a subcontractor must serve a preliminary notice on the property owner no later than 20 days after the subcontractor first furnished labor, equipment or materials at the jobsite. Cal. Civ. Code §8204(a). A late-filed preliminary notice limits the scope of a mechanic’s lien to work performed within 20 days prior to the service of the untimely notice. Id. A claimant with a direct contractual relationship with an owner is not required to provide preliminary notice under §8204. Cal. Civ. Code §8200.

Puryear argues Groundtech never provided a 20-day notice, so its mechanic’s lien is invalid. Groundtech argues it filed a proper preliminary notice on January 31, 2023. Both the complaint and the Puryear declaration indicate Groundtech ceased work on the property in October 2022, more than 20 days before notice was provided. This untimely notice precludes Groundtech from recording a lien based on work performed more than 20 days before service. The lien is invalid for lack of notice.

Under Cal. Civ. Code §8200, a claimant who is party to a contract with the property owner is not required to give preliminary notice. Groundtech has not alleged a direct contractual relationship with Puryear.

The court granted leave for Groundtech to file a first amended complaint, which was not done.GRANTED.