Judge: Kenneth J. Medel, Case: 37-2023-00036159-CU-PT-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Petitions - Other Motion Hearing (Civil) 37-2023-00036159-CU-PT-CTL MFG GAMBLE LANE LLC VS AUGUSTINE PAZ/PAZ CONSTRUCTION CO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition - Other, 08/21/2023

Petitioner MFG GAMBLE LANE, LLC's Petition to Release Mechanics Lien filed by Respondent and claimant AUGUSTINE PAZ/PAZ CONSTRUCTION CO. on or about November 15, 2022 is granted.

Based on the Verified Petition filed, the claimant did not file an action to enforce the lien within 90 days of recording the lien, as required by Civil Code § 8460. In addition, pursuant to Civil Code § 8200, the claimant/Respondent did not provide Petitioner with a 20 Day Preliminary Notice as required by Civil Code §8204.

The Mechanic's Lien recorded with the County of San Diego as Doc# 2022-0437608 on the property at 1500 Gamble Lane, Escondido, CA is hereby released.

Based on the petition, petitioner has incurred no less than $3900.00 in attorney's fees in bringing this petition and the Court awards that amount against Respondent pursuant to Civil Code §8940.

Petitioner is to file an order for the Court's signature.

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