Judge Mark E. Windham, Case 22STCP01055 2022-07-27 Tentative Ruling

Judge: Mark E. Windham, Case: 22STCP01055, Date: 2022-07-27 Tentative Ruling

Case Number: 22STCP01055 Hearing Date: July 27, 2022 Dept: 26

PETITION TO RELEASE MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Petition of Ronald Grant, Administrator with Will Annexed of the Will of Espanola Mills Dated 8/6/96, to Release Property from Mechanic’s Lien is CONTINUED TO OCTOBER 12, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF NEW HEARING DATE BY OCTOBER 1, 2022 IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING DENIED.

ANALYSIS:

Petitioner Ronald Grant, Administrator with Will Annexed of the Will of Espanola Mills Dated 8/6/96 (“Petitioner”), filed the instant Petition for Release of Mechanic’s Lien against Respondents LME, LLC, Loss Mitigation Expert, LLC, Cindy Ludwick, Kristen Hemanes, and TSGL Properties, LLC (“Respondents”) on March 23, 2022. No response to the Petition has been filed to date.

Discussion

Petitioner moves to have the mechanic’s lien recorded against its property by Respondent Ludwick on behalf of Respondent LME released. The Petition is brought pursuant to Civil Code section 8480, which provides that the owner of property 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. (Civil Code, § 8480, subd. (a).)

Section 8460 provides that “[t]he claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien.” (Civil Code, § 8460, subd. (a).) Section 8460 further provides that “[i]f the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.” (Civil Code, § 8460, subd. (a).) Section 8460 also provides that 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. (Civil Code, § 8460, subd. (b).)

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. (Civil Code, § 8482.) Civil Code section 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.

(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.

(Civil Code, § 8484.)

Petitioner has not filed any proof of service of the Petition, nor Notice of the Hearing Date, with respect with to Respondents Ludwick or LME. Civil Code section 8486, subdivision (b) requires service to “be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested . . . .” (Civ. Code, § 8486, subd. (b).) Regarding the merits, the Court finds Petitioner has satisfied the requirements of Civil Code section 8484. Furthermore, there is no indication that an action to enforce the liens has been commenced and the 90-day time period to commence an action has expired. Substantively, the Petition may be granted against Respondents Ludwick and LME. However, it is not clear what relationship the other Respondents have to the Petition such that it can be granted against them.

Conclusion

Moving party to give notice.