Judge: Layne H. Melzer, Case: 2022-01292169, Date: 2022-12-15 Tentative Ruling

Janice Hobbs

Motion to Expunge Mechanics Lien

The Petition for Release of Property From Lien brought by Petitioner Janice Hobbs is CONTINUED to January 12, 2023.

Pursuant to Civil Code §8486(b), “[t]he petitioner shall serve a copy of the petition and a notice of hearing on the claimant at least 15 days before the hearing.”  Additionally, “[s]ervice 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.” (Civil Code §8486(b).)  Relevant herein, “[i]f the person to be notified is a claimant,” notice should be given at “the claimant’s address shown 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 Contractor’s State License Board.” (Civil Code §8108(e).) “[W]hen service is made by mail, service is complete on the fifth day following deposit of the petition and notice in the mail.” (Civil Code §8486(c).)

“At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed controverted by the claimant.” (Civil Code §8488(a).) “The petitioner has the burden of proof as to the issue of compliance with the service and date for hearing requirements of this article.” (Civil Code §8488(a).)

Here, no Proof of Service has been filed in this action, which demonstrate service of the Petition or any Notice of Hearing.  Consequently, the Court finds “good cause” and continues this hearing, to permit Petitioner an opportunity to demonstrate service which complies with Civil Code §8486.