Judge: Jon R. Takasugi, Case: 22STCP03046, Date: 2022-10-13 Tentative Ruling

Case Number: 22STCP03046    Hearing Date: October 13, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Petitioner’s motion for a decree releasing the property from the mechanics lien is GRANTED. Defendants are awarded $3,500 in reasonable attorney fees.

            On 8/15/2022, Petitioners Richard J. Ofshe and Keri Ofshe filed a petition for a decree to release property from a mechanics lien.

            The motion is unopposed.

Discussion

            On 4/28/2022, Respondent Contempo Floor Coverings, Inc. (Respondent) recorded a mechanics lien for $73,900.00 on Petitioner’s property at 11585 Bellagio Road, Los Angeles, California 90049.

Civil Code § 8480 provides that the owner of property subject to a lien claim may petition the court for an order to release the property from the lien claim if the claimant has not timely perfected the lien.

            Civil Code section 8460, subdivision (a) provides that “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.”

            Here, Respondent had 90 days after the mechanic’s lien was recorded on 4/28/2022 to commence an action to enforce the lien—i.e., 7/7/2022. Not only did Respondent fail to timely commence an action, but, to date, no action to foreclose on the lien has been filed at all, nor did Respondent oppose this motion.

            Civil Code section 8488 provides that the prevailing party on this motion is entitled to reasonable attorney fees. Here, counsel submitted a declaration setting forth $3,500 in reasonable attorney fees, and Respondent did not oppose this sum.

            Based on the foregoing, Petitioner’s motion for a decree releasing the property from the mechanics lien is granted. Petitioner is awarded $3,500 in reasonable attorney fees.

It is so ordered.

Dated:  October    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.