Judge: Mark E. Windham, Case: 22STLC03332, Date: 2023-01-31 Tentative Ruling

Case Number: 22STLC03332    Hearing Date: January 31, 2023    Dept: 26

Sisi Missy, Inc v. Anderson, et al.

EXPUNGE MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Defendant Doris Anderson’s Motion to Expunge Mechanic’s Lien is DENIED.

ANALYSIS:

On May 16, 2022, Plaintiff Sisi Missy, Inc. dba CDP Construction (“Plaintiff”) filed the instant action to foreclose on a mechanic’s lien against Defendant Doris Anderson (“Defendant”). Defendant filed a response to the Petition, entitled “Demurrer to Plaintiff’s Complaint” on June 16, 2022. However, the “Demurrer” was brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) Accordingly, the Court treated the motion as one for judgment on the pleadings and granted it with 30 days leave to amend on December 20, 2022. (Minute Order, 12/20/22.) Plaintiff filed a First Amended Complaint on January 17, 2023.

Defendant filed the instant Motion to Expunge Mechanic’s Lien on November 30, 2022. No opposition has been filed to date.

Discussion

Defendant moves to expunge a mechanic’s lien placed on the real property located at 746 Tocino Drive, Duarte, California. (Motion, p. 1:21-25.) The Motion is brought pursuant to Code of Civil Procedure section 405.20, however, that statute pertains to recording a notice of pendency of action (lis pendens) on which a real property claim is alleged. (See Code Civ. Proc., § 405.20.) Defendant has not demonstrated that this statute allows the court to expunge a mechanic’s lien.

Therefore, the Motion to Expunge Mechanic’s Lien is DENIED.

Court clerk to give notice.