Judge: Kevin C. Brazile, Case: 24STCV27552, Date: 2025-03-04 Tentative Ruling

Hearing Date: March 4, 2025 

Case Name: Staples Construction Company, Inc. v. Crystal Pacific Windows & Doors,

et al.

Case No.: 24STCP04093

Matter: Petition to Expunge Mechanic’s Lien

Moving Party: Petitioner Staples Construction Company, Inc.

Responding Party: Unopposed

Notice: OK

Ruling: The Petition is granted.

Petitioner to give notice.

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On June 5, 2024, Respondent Crystal Pacific Windows & Doors recorded a mechanic’s lien in the amount of $36,974.35 against 11327 Chandler Boulevard, North Hollywood, California 91601.  Petitioner Staples Construction Company, Inc. is the general contractor for the subject property. 

Petitioner seeks to expunge this mechanic’s lien 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 § 8460. No action has been filed to foreclose the lien, no extension of credit has been recorded, 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 June 5, 2024, 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.

Petitioner to give notice.