Judge Kerry Bensinger, Case Number: 25STCV05327, Date: 2025-05-06 Tentative Ruling

CASE: Wilmington Savings Fund Society, FS, As Owner Trustee of the Residential Credit Opportunities Trust VI-A v. Martin Orozco, Trustee of Martin Orozco Trust

MOVING PARTY: Petitioner Wilmington Savings Fund Society, FS, As Owner Trustee of the Residential Credit Opportunities Trust VI-A

This case concerns the property located at 2853 – 2855 ½ East 6th Street, Los Angeles, CA 90023 (the “Property”). Petitioner, Wilmington Savings Fund Society, FS, As Owner Trustee of the Residential Credit Opportunities Trust VI-A, is the owner of the Property. On May 10, 2024, Respondent, Martin Orozco, Trustee of Martin Orozco Trust, recorded four mechanic’s liens against the Property. The liens are recorded in the Official Records of Los Angeles County as Document Nos. 20240310622, 20240310620, 20240310621, and 20240310619 (the “Mechanic’s Liens”).

On March 28, 2025, Petitioner filed this Verified Petition for release of the Mechanic’s Liens against Respondent.

Petitioner moves to have the Mechanic’s Liens recorded against the Property by Respondent released. The Petition is brought pursuant to Civil Code section 8480, which provides that the owner of property 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, subd. (a).)

Section 8460 provides that “[t]he claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien.” (Civ. Code, § 8460, subd. (a).) Section 8460 further provides that “[i]f the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.” (Civ. Code, § 8460, subd. (a).) Section 8460 also provides that 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, subd. (b).)

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.) Civil Code section 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.

(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.

(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.

Civil Code section 8486, subdivision (b) requires service to “be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested . . . .” (Civ. Code, § 8486, subd. (b).)

Here, Petitioner did not file a proof of service of the Verified Petition and the Notice of the Hearing Date. Petitioner has not satisfied the statutory requirements for service.

Based on the foregoing, the Petition for Release of Mechanics Liens is CONTINUED to June 9, 2025, to allow Petitioner to file and serve this petition on Respondent, and to provide proof of service of the same. Failure to do say may result in the petition being denied.

Kerry Bensinger

Judge of the Superior Court