Judge: Kevin C. Brazile, Case: 24STCV04306, Date: 2024-07-31 Tentative Ruling

Hearing Date: July 31, 2024

Case Name: Chevy Chase 18, LLC v. Development Bar, Inc. 

Case No.: 24STCP01350

Matter: Petition to Expunge Mechanic’s Lien, etc.

Moving Party: Chevy Chase 18, LLC

Responding Party: Unopposed

Notice: OK

Ruling: The Petition is granted.

Chevy to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On April 26, 2024, Chevy Chase 18, LLC (“Chevy”) filed a Petition for Release of Property from Mechanic’s Lien.  Respondent Development Bar, Inc. is alleged to have recorded a mechanic’s lien against Chevy’s real property “in the amount of $83,667.33, together with interest thereon at the legal rate from the date of the lien for alleged work furnished by Respondent for a new bathroom, electrical construction, and roofing.”

Chevy now seeks to expunge the mechanic’s liens because “Respondent failed to bring an action to enforce the lien within 90 days after the recordation of the claim of lien, as required by California Civil Code section 8460. [ ] No action has been filed to foreclose the lien, no extension of credit has been granted under Civil Code section 8460, and the time period during which suit can be brought to foreclose the lien has expired.”

Civ. Code § 8480(a) states, “The 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 § 8460(a) states, “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, the subject lien was recorded on November 9, 2023, but no lawsuit has apparently been filed to enforce the lien.  Because an opposition was not submitted, Respondent failed to establish the validity of the subject lien.  (See Civ. Code § 8488(a) [“The claimant has the burden of proof as to the validity of the lien.”].)  Therefore, the Petition to Expunge Mechanic’s lien is granted.

The Court awards attorneys’ fees in the amount of $3,475.  (Civ. Code § 8488(c).)

Chevy to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.