Judge: Frank M. Tavelman, Case: 23BBCP00043, Date: 2023-04-14 Tentative Ruling

Case Number: 23BBCP00043    Hearing Date: April 14, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

PETITION TO RELEASE PROPERTY FROM MECHANIC’S LIEN

ALLEGATIONS/HISTORY: 

On February 14, 2023, Petitioner LAGD Properties, LLC (“Petitioner”) filed this verified Petition to Release Property from Mechanic’s Lien (“Petition”) held by Jesus Daniel Peralta dba Pumba Concrete Pump (“Respondent”).  The Petition seeks an order releasing property commonly known as 3949 Glenalbyn Drive, Los Angeles, California 90065 (“Property”) from a mechanic’s lien filed by Respondent on October 26, 2021.  (Pet. ¶¶ 1, 3.)  

The hearing for the petition was originally scheduled for February 16, 2023 but was continued to April 14, 2023.

RELIEF REQUESTED:

Petitioner requests an order that the Property be released from the mechanic’s lien. Petitioner also requests an order awarding attorney’s fee in the amount of $2,250.

ANALYSIS: 

I.                LEGAL STANDARD 

After a mechanic’s lien has been recorded, “[t]he owner of property or the owner of any interest in 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(a).)  A claimant must commence an action to enforce a lien within 90 days of recording the lien, otherwise, “the claim of lien expires and is unenforceable.”  (Civ. Code, § 8460(a).)  However, the 90-day time limit to commence an action to enforce a lien does not apply if there was an agreement to extend credit and a notice of that fact was recorded within 90 days after recordation of the claim of lien or more than 90 days after recordation of the claim of lien but before a purchaser or encumbrancer for value and in good faith acquires rights in the property.  (Civ. Code, § 8460(b).) 

II.              MERITS

Service Requirements  

“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(b).) 

Civil Code § 8108 provides notice under this part shall be given to the person to be notified at the person’s residence or the person’s place of business. Civil Code § 8101 also provides specific addresses at which a respondent may be served, depending on that person’s title.  For example, a claimant should be served at the address on the “claimant’s contract, preliminary notice, claim of lien, stop payment notice… [etc.].”  (Civ. Code § 8108(e).)  The petitioner bears the burden of proving that he or she complied with service and date for hearing requirements.  (Civ. Code. §¿8488(a).) 

On March 3, 2023, Respondent was served with Petition, Notice of Case Assignment, Notice Re: Continuance of Hearing and Order, and other related documents. Service was made by substitute service on co-occupant Rocio Sanchez at 11255 Cohasset St Sun Valley, CA 91352. The service requirements of § 8486 have been satisfied. 

Petition Requirements  

Civil Code § 8484 requires that the petition for release order be verified by the petitioner and allege the following: 

a)     The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition. 

b)     The county in which the claim of lien is recorded. 

c)     The book and page or series number of the place in the official records where the claim of lien is recorded. 

d)     The legal description of the property subject to the claim of lien. 

e)     Whether an extension of credit has been granted under § 8460, if so to what date, and that the time for commencement of an action to enforce the lien has expired. 

f)      That the owner has given the claimant notice under § 8482 demanding that the claimant execute and record a release of the lien and that the claimant is unable or unwilling to do so or cannot with reasonable diligence be found. 

g)     Whether an action to enforce the lien is pending. 

h)     Whether the owner of the property or interest in the property has filed for relief in bankruptcy or there is another restraint that prevents the claimant from commencing an action to enforce the lien. 

A property owner may not petition for a release order until he or she gives the claimant notice demanding that the claimant execute and record a release of lien claim at least ten days before filing the petition. (Civ. Code § 8482.) 

Here, Petitioner has satisfied all requirements of Civil Code §§ 8482 and 8484.  On October 13, 2022, Petitioner sent Respondent a written demand to remove the lien at the address listed on the Mechanics’ Lien Claim.  (Filer Decl. ¶ 8; Exh. C.) Petitioner states that Respondent is unwilling to execute a release of lien because no response was ever received and no release of the lien was ever provided. (Filer Decl.  ¶ 5.) Petitioner subsequently filed this verified Petition accompanied by a certified copy of the Mechanics’ Lien Claim, Document No. 20211603597, filed with the Los Angeles County Recorder’s Office on October 26, 2021.  (Pet. ¶ 3, Exh. B.)  The Petition sets forth the legal description of the Subject Property and states that no action to foreclose the attached certified Claim of Lien is pending, no extension of credit has been recorded, and the time period pursuant to Civil Code § 8460 has expired. (Filer Decl. ¶¶ 1, 4, 6.)  Furthermore, Petitioner has not filed for bankruptcy, and no other restraint exists preventing Respondent from filing an action to enforce the lien.  (Pet. ¶¿7.) 

Attorney’s Fees

Civil Code § 8488(c) provides that the prevailing party in a petition to release a lien is entitled to reasonable attorney’s fees. Petitioner requests attorney’s fees in the amount of $2,250. The Court notes that Petitioner states these fees are in accordance with nine hours of attorney work, however the sum of the hours detailed in the Filer Declaration is 10 hours. (Filer Decl. ¶10.) Therefore, the total amount sought would be $2,500. The Court finds these attorney’s fees reasonable.

III.            CONCLUSION

For the foregoing reasons, Petitioner LAGD Properties, LLC’s Petition to Release Property from Mechanic’s Lien is GRANTED. Attorney’s fees are awarded in the amount of $2,500.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

LAGD Properties, LLC’s Petition to Release Property from Mechanic’s Lien came on regularly for hearing on April 14, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE PETITION TO RELEASE PROPERTY FROM MECHANIC’S LIEN IS GRANTED. 

ATTORNEYS FEES ARE AWARDED IN THE AMOUNT OF $2,500.

PETITIONER TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  April 14, 2023                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles