Judge: Katherine Chilton, Case: 22STCP02928, Date: 2023-01-18 Tentative Ruling

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Case Number: 22STCP02928    Hearing Date: January 18, 2023    Dept: 25

PROCEEDINGS:      PETITION TO RELEASE PROPERTY FROM MECHANIC’S LIEN

MOVING PARTY:   Petitioners Desiree Robinson, et al.

RESP. PARTY:         None

PETITION FOR RELEASE OF MECHANIC’S LIEN

(Civ. Code § 8480, et seq.)

TENTATIVE RULING:

Petitioners Desiree Robinson, et al.’s Petition for Release of Mechanic’s Lien is GRANTED.

SERVICE:

            [X] Proof of Service Timely Filed (CRC, rule 3.1300)     OK

            [X] Correct Address (CCP §§ 1013, 1013a)                                     OK

            [X] At least 15 Days Lapsed (Civ. Code § 8486(b))                      OK

            [X] Correct Manner of Service (Civ. Code § 8486(b))          OK

OPPOSITION:          None filed as of January 12, 2023.                     [   ] Late                      [X] None

REPLY:                     None filed as of January 12, 2023.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On August 5, 2022, Petitioners Desiree Robinson (“Desiree”) and J.D. Robinson (“J.D.”) (collectively “Petitioners”) filed the instant verified Petition for Decree to Release Property from Mechanic’s Lien ( “Petition”) against Respondents Dave Bischof (“Bischof”) and Dave Bischof Inc. (“Dave Bischof Inc.”) (collectively “Respondents”).  The Petition seeks an order releasing property commonly known as 724 N. 1st Street, Montebello, California 90640 ( “Subject Property”) from a mechanic’s lien filed on January 21, 2020, by Respondents.  (Pet. ¶ 1.)

Petitioners filed a proof of service demonstrating that Respondents were personally served with the Petition, Notice of Hearing, and other relevant documents on August 20, 2022, at 14728 Bledsoe Street, Sylmar, CA 91342.  (8-26-22 Proofs of Service.)

            On December 9, 2022, the Court noted several deficiencies and continued the hearing on the Petition to allow Petitioners time to correct these deficiencies.  (12-9-22 Minute Order.)

            On December 9, 2022, Petitioners filed an Amended Petition and supporting documents.

            Respondents have not filed a response.

II.              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).)

“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 addresses at which a respondent must be served, depending on the title of the person to be served.  For example, a claimant should be served at the address on the “claimant’s contract, preliminary notice, claim of lien, stop payment notice, or claim against a payment bond, or on the records of the Contractors' State License Board.”  (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).)

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 Section 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 Section 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.)

III.            Discussion

Here, Petitioners are the successors-in-interest to the owner of the property at the time that services were rendered.  (Pet. ¶ 7.)  Petitioners state that they gave the claimant notice demanding a release of the lien and the claimant refused to release the mechanic’s lien.  (Ibid. at ¶ 4.)  The Petition sets forth the legal description of the Subject Property and states that no action was filed within 90-days of recording of the lien.  (Ibid. at ¶¶ 1-2.)  Petitioners also state that “[n]o extension of credit has been granted,” Petitioners have not filed for bankruptcy, and no other restraint exists preventing Respondent from filing an action to enforce the lien.  (Ibid. at ¶¶ 3, 5.)

Furthermore, Petitioners have filed the instant verified Petition, which states that the mechanic’s lien, Document No. 20200077164, was recorded with the Los Angeles County Recorder’s Office on January 21, 2020.  (Ibid. at ¶ 1.)

Petitioners filed Proofs of Service indicating that Respondents Bischof and Dave Bischof Inc. were personally served with the Petition, Notice of Hearing, and other related documents on August 20, 2022, at 14728 Bledsoe Street, Sylmar, CA 91342.  (8-26-22 Proofs of Service.)

On December 9, 2022, the Court noted the following deficiencies with the Petition.  First, Petitioners had not filed a certified copy of mechanic’s lien.  (12-9-22 Minute Order.)  Second, Petitioner stated that they served Respondents with a notice of demand to release lien but did not file any proof of such notice.  (Ibid.)  Third, Petitioners did not file a contract, claim of lien, or any other document to prove Respondents were served at the correct address.  (Ibid.)  For these reasons, the Court continued the hearing on the Petition to allow Petitioners time to correct these deficiencies.  (Ibid.)

On December 9, 2022, Petitioner filed an Amended Petition to Release Property from Mechanic’s Lien (“Amended Petition”) with supporting documents.

            The Amended Petition contains a certified copy of the mechanic’s lien, attached as Exhibit B.  (12-9-22 Amended Pet., Lovett Decl. ¶ 2, Ex. B.)  Petitioners have also attached a copy of the Demand for Release of Claim of Lien, pursuant to California Civil Code § 8482, sent to Respondents at various addresses, including 13700 Foothill Blvd #922096, Sylmar, CA 91342.  (Amended Pet. pp. 20-23, Ex. D.)  This is the same address listed for Respondent on the Mechanic’s Lien and the State of California Statement of Information for Respondent Dave Bischof, Inc.  (See Exs. B, F.)

The remaining issue is whether Petitioners properly served Respondents by personal service with the Petition, Notice of Hearing, and other relevant documents on August 20, 2022, at 14728 Bledsoe Street, Sylmar, CA 91342.  (8-26-22 Proofs of Service.)

Petitioners’ counsel states that the address on the invoice, mechanic’s lien, and State of California Statement of Information Corporation, 13700 Foothill Blvd., appears to be a post office box.  (Lovett Decl. ¶¶ 1-2, Exs. A-C.)  The following address, P.O. Box 2161, Van Nuys, CA 91404, is listed with the Contractors State License Board, license being reinstated in the summer of 2022, and the California Secretary of State Statement of Information.  (Ibid. at ¶¶ 2-3, Ex. C, F; Amended Pet. ¶ 3.)  The Statement of Information also lists a physical address for Kimberly Bischof, agent for service of process – 14000 Palawan Way, Marina Del Rey, CA 90292.  (Lovett Decl. ¶ 3.)  Petitioners’ process server initially attempted to serve the Petition at the 14000 Palawan Way address but discovered that it was a leasing office for another company and Kimberly Bischof was not listed at this address.  (Ibid., Ex. G – Non-Service Report.)  Subsequently, Petitioners’ counsel conducted an online investigation and learned that Respondent Bischof owns real property at 14728 Bledsoe Street, Sylmar, CA 91342.  (Ibid. at ¶ 4, Ex. H.)  Petitioners’ process server was able to personally serve Respondents at this address on August 20, 2022.  (Ibid., Ex. I.)  The Amended Petition has also been served at 14728 Bledsoe Street, Sylmar, CA 91342, by mail.  (Am. Pet. p. 39.)

            Previously, when Petitioners had sent Respondents a notice of demand to release mechanic’s lien, the letter had been sent to several addresses.  (Amened Pet. at ¶ 5, Pet. pp. 20-23, Ex. D.)  The letters sent to 13700 Foothill Blvd. #922096, Sylmar CA 91342, and 6311 Van Nuys Blvd, Van Nuys, CA 91401, were returned.  (Ibid.).  The letter sent to 17216 Saticoy St., Suite 240, Van Nuys, CA 91401, “never arrived and was not returned to me.”  (Ibid.)  The letter sent to P.O. Box 2161, Van Nuys, CA 91404, was delivered.  (Ibid., Ex. E.)

            The Court finds that the evidence submitted by Petitioners is sufficient to demonstrate that Respondents were properly served with the Notice, Petition, and supporting documents.  For this reason, the Petition is GRANTED.

Petitioners may request attorney’s fees and costs pursuant to a separate noticed motion under Civil Code § 8488.

IV.           Conclusion & Order

For the foregoing reasons,

Petitioners Desiree Robinson, et al.’s Petition for Release of Mechanic’s Lien is GRANTED.