Judge Latrice A. G. Byrdsong, Case Number: 23STCP03034, Date: 2023-12-26 Tentative Ruling

Judge: Latrice A. G. Byrdsong, Case: 23STCP03034, Date: 2023-12-26 Tentative Ruling

*** Please Note that the Judicial Officer Presiding in Department 25 is Commissioner Latrice A. G. Byrdsong ***
If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 25 at the Spring Street Courthouse up until the morning of the motion hearing. The e-mail address is SSCdept25@lacourt.org. The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.
Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

Case Number: 23STCP03034 Hearing Date: December 26, 2023 Dept: 25

Tentative Ruling

Commissioner Latrice A. G. Byrdsong

Department 25

Confidential – Court-Privileged Document

Hearing Date: Tuesday, December 26, 2023

Case Name: RAPID PLUMBING v. PEGGY PIGSLEY

Case No.: 23STCP03034

Motion: Petition to Enforce Mechanic’s Lien

Moving Party: Petitioner, Rapid Plumbing

Responding Party: None

Notice: OK

Recommended Ruling: Petitioner Rapid Plumbing’s Petition to Enforce Mechanic’s Lien is CONTINUED to ______________________at _______ in Department 25 at Spring Street Courthouse. Petitioner is ordered to file supplemental papers addressing the deficiencies noted herein at least 16 court days before the scheduled hearing. Failure to do so may result in the hearing being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

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

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of December 13, 2023 [ ] Late [X] None

REPLY: None filed as of December 13, 2023 [ ] Late [X] None

BACKGROUND

On August 22, 2023, Petitioner Rapid Plumbing (“Petitioner”) brings the instant petition to enforce Mechanic’s Lien (“Petition”) against Respondent Peggy Pigsley (“Respondent”).

No opposition has been filed. Default has not been entered against the Respondent.

MOVING PARTY POSITION

Petitioner seeks to enforce the mechanic’s lien against Respondent.

OPPOSITION

No opposition has been filed.

REPLY

No reply has been filed.

ANALYSIS

I. Legal Standard

To hold an enforceable lien, a claimant of a mechanic’s lien must record the lien “before the earlier of the following times [¶] (a) Ninety days after completion of the work of improvement. [¶] (b) Sixty days after the owner records a notice of completion or cessation.” (Civ. Code, § 8412.) Completion occurs upon “any of the following events: [¶] (1) Actual completion of the work improvement. [¶] (2) Occupation or use by the owner accompanied by cessation of labor. [¶] (3) Cessation of labor for a continuous period of 60 days. [¶] Recordation of a notice of cessation after cessation of labor for a continuous period of 30 days.” (Civ. Code, § 8180, subd. (a).) If a claimant does not timely commence an action “the claim of lien expires and is unenforceable.” (Civ. Code, § 8460, subd. (a).)

II. Discussion

Petitioner claims a mechanic’s lien for the labor or services, or equipment or materials that were furnished by Claimant at the request of Respondent (Mechanic’s Lien ¶¶ 1-2.) The parties entered a written contract for sewer and water line repairs on Respondent’s property (“Project”). Actual completion of Project services occurred on May 12, 2023, which the moving papers note was around the same time that payment became due. As such, the Court presumes that the May 12, 2023, date is the date of completion for the purpose of CCP § 8412. Petitioner provides the Court with a notarized acknowledgement of Alex Itkis, who swears the truth of the matters set forth by the Petitioner. (Alex Itkis Notary Acknowledgment.)

However, the Court finds the following deficiencies with the Petition. First, the Petition contains no evidence such as proof of service, that notice of the petition and summons was served on the Respondent thus presenting the Court with a jurisdictional issue. The Court notes that Petitioner does include a proof of service, however the proof of service filed was for notice of intent to lien and does not satisfy the service requirements under CRC, rule 3.1300. Second, Petitioner does not supply the Court with proof of when the mechanic’s lien was recorded. The Court notes that Petitioner provides the Court with a copy of the mechanic’s lien however the document does not indicate whether it was recorded. Moreover, based on the document Petitioner provided, Petitioner sought to have the mechanic’s lien recorded on August 19, 2023, which is more than ninety (90) days from when work was purported to be completed and would thus make the Petition improper under Civil Code § 8412.

Thus, for the foregoing reasons the Court CONTINUES the hearing on the Petition.

III. Conclusion

Petitioner’s Petition to Enforce Mechanic’s Lien is CONTINUED to ______________________ at _______ in Department 25 at Spring Street Courthouse. Petitioner is ordered to file supplemental papers addressing the following deficiencies: 1) proof of service indicating that Respondent was served with notice of the petition and summons; and 2) evidence indicating when the mechanic’s lien was properly recorded, at least 16 court days before the scheduled hearing. Failure to do so may result in the hearing being placed off calendar or denied.

Moving party is ordered to give notice.