Judge: Latrice A. G. Byrdsong, Case: 23STLC07728, Date: 2024-02-05 Tentative Ruling

Case Number: 23STLC07728    Hearing Date: March 6, 2024    Dept: 25

Hearing Date:                         Wednesday, March 06, 2024

Case Name:                             ESTELLA WILLIAMS v. AB RENOVATIONS CORP., an unknown entity

Case No.:                                23STLC07728

Motion:                                   Petition for Release of Property from Lien Pursuant to Civil Code Section 8490

Moving Party:                         Petitioner, Estella Williams

Responding Party:                   Respondent, AB Renovations Corp.

Notice:                                    OK

Tentative Ruling:                    Petitioner Estella Williams’s Amended Petition for Release of Property from Lien Pursuant to Cal. Civil Code § 8490 is GRANTED.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                     OK

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

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

OPPOSITION:          Filed as of February 20, 2024                         [ ] Late             [   ] None

REPLY:                     Filed as of February 28, 2024                         [ ] Late            [   ] None

BACKGROUND

On December 05, 2023, Petitioner Estella Williams (“Petitioner”), filed the instant Petition for Release of Property from Lien (“Petition”) against Respondent AB Renovations Corp. (“Respondent”).  The Petition seeks an order releasing property commonly known as 534 W School St., Compton, CA 90220 (“Subject Property”) from a mechanic’s lien recorded on October 14, 2022, by Respondent. 

On January 30, 2024, Respondent filed its Answer to Complaint stating that the mechanic’s lien had been removed from the Subject Property as of December 11, 2023. Petitioner did not file a reply. On its own motion, the Court continued the hearing to March 06, 2024, and ordered Petitioner to file supplemental papers providing the Court and serving Respondent with a verified petition consistent with Civil Code §8484. The Court also ordered Petitioner to submit a proposed order consistent with Civil Code § 8490.

On February 09, 2024, Petitioner filed the instant Amended Verified Petition for Release of Property from Lien Pursuant to Civil Code § 8490. Respondent filed in opposition on February 20, 2024. Petitioner files in reply.

MOVING PARTY POSITION

Petitioner prays to the Court for judgment against Respondent releasing the Subject property from Respondent’s claim of lien. Petitioner additionally seeks attorney’s fees and costs for pursuing the motion.

OPPOSITION

In opposition, Respondent answers that the mechanic’s lien on the subject property has been removed as of December 11, 2023, pursuant to law that the time on that lien had expired. Respondent additionally argues that it was never properly served with the original petition by personal service and that there is no agreement to accept electronic service.

REPLY

            In reply, Petitioner argues that since Respondent made a general appearance and has filed an answer to the Petition, the Court therefore has jurisdiction over the Respondent.

ANALYSIS

I.          Legal Standard  

After a mechanic’s lien has been recorded, “[t]he 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, § 8480(a).)  A claimant must commence an action to enforce a lien within 90 days of recording the lien, otherwise, “the claim of lien expires and is unenforceable.”  (Civ. Code, § 8460(a).)  However, 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(b).) 

II.        Request for Judicial Notice

1.      Petitioner’s Request for Judicial Notice of Exhibit A is GRANTED. Under Evidence Code § 452(g) & (h), because it is a copy of Respondent’s recorded mechanic’s lien recorded with the LA County Recorder’s Office, the document is not reasonably subject to dispute.

II.        Discussion

A. Service Requirements 

“The petitioner shall serve a copy of the petition and a notice of hearing on the claimant at least 15 days before the hearing.  Service shall be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested, addressed to the claimant as provided in Section 8108.”  (Civ. Code § 8486(b).)  Civil Code § 8108 provides addresses at which a respondent must be served, depending on the title of the person to be served.  For example, a claimant should be served at the address on the “claimant’s contract, preliminary notice, claim of lien, stop payment notice, or claim against a payment bond, or on the records of the Contractors' State License Board.”  (Civ. Code § 8108(e).)  The petitioner bears the burden of proving that he or she complied with service and date for hearing requirements.  (Civ. Code. §¿8488(a).) 

Here, the Petition includes Proof of Service demonstrating that Respondent was served with the Petition, Notice of Hearing, and supplemental papers, by certified mail, postage prepaid, return receipt requested, at 19210 S. Vermont Ave. Bldg. A Ste 115. Gardena, CA 90248, on December 09, 2023.  (Pet. p. 14.) The same address is listed for Respondent on the Mechanic’s Lien.  (Pet. p. 8, Exh. A.) 

B. Petition Requirements  

Civil Code § 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. 

(b) The county in which the claim of lien is recorded. 

(c) The book and page or series number of the place in the official records where the claim of lien is recorded. 

(d) The legal description of the property subject to the claim of lien. 

(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. 

(g) Whether an action to enforce the lien is pending. 

(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. 

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.) 

In its prior order, the Court noted that Petitioner did not provide the Court with a verified petition complaint with Civil Code § 8490.

Here, the Court notes that since its previous order, the Petitioner has filed an amended verified petition and a proposed order. (See 02/09/24 Amended Verified Petition; See also Proposed order.) Petitioner provides that she is the owner of the Subject Property. (Pet. ¶ 1.) Petitioner states that on July 10, 2023, Petitioner sent the Respondent correspondence demanding a release of the lien, and Respondent has not responded to Petitioner (Id. at ¶ 6, Exh. B.) The Petition sets forth the legal description of the Subject Property and states that “[n]o action has been filed to foreclosure the Lien,” and the period for enforcing the lien has expired. (Id. at ¶ 4.) Petitioner also states that “[n]o extension of credit has been granted,” Petitioner has not filed for bankruptcy relief, and no other restraint exists preventing Respondent from filing an action to enforce the lien and the period during which suit can be brought to foreclose the lien has expired. (Id. ¶¶ 4, 8.) 

Petitioner has filed the instant Petition, which states that the mechanic’s lien, Document No. 20220990561, was recorded with the Los Angeles County Office of the County Recorder on October 14, 2022.  (Id. at ¶ 3; Exh. A.) 

Thus, because Petitioner has complied with the notice requirement and the Petition complies with Civil Code § 8484, the Court grants the instant Petition.

C. Attorney’s Fees and Cost

Pursuant to Civil Code § 8488, the prevailing party in an action seeking a release order of a mechanic’s lien is entitled to reasonable attorney’s fees.

The Court notes that while Petitioner requests attorney’s fees and costs, the Petition does not provide the amount sought. Petitioner may request attorney’s fees and cost pursuant to a separate noticed motion under Civil Code § 8488.

Accordingly, the Petition for Release of Property from Lien is GRANTED.

III.       Conclusion

            Petitioner Estella Williams’s Amended Petition for Release of Property from Lien Pursuant to Civil Code § 8490 is GRANTED.

Petitioner is ordered to give notice to any Party legally entitled.