Judge: Mark E. Windham, Case: 23STCP03756, Date: 2024-02-14 Tentative Ruling

Case Number: 23STCP03756    Hearing Date: February 14, 2024    Dept: 26

  

Fang v. RC Windows and Door, et al.

PETITION TO RELEASE MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

 

Petitioner Qiang Fang’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO MAY 15, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY APRIL 24, 2024, PETITIONER IS TO FILE AN AMENDED PETITION CORRECTING THE DEFECTS NOTED HEREIN, AND PROOF OF SERVICE OF THE AMENDED PETITION AND NOTICE OF HEARING DATE.

 

 

ANALYSIS:

 

Petitioner Qiang Fang (“Petitioner”), filed the instant Petition for Release of Mechanic’s Lien against Respondent RC Windows and Door (“Respondent”) on October 11, 2023. No response to the Petition has been filed to date.

 

Discussion

 

Petitioner moves to have the mechanic’s lien recorded against their property by Respondent released. The Petition does not cite the relevant moving statute to release the lien. Under Civil Code section 8484 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.

 

(Civil Code, § 8484.) Although the Petition contains most of the required information, it is not verified and does not attach a certified copy of the lien. It only attaches a copy of the face page of the recording document. (Pet., p. 8.) Additionally, 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).) Petitioner, however, has not filed compliant proof of service of the Petition and the Notice of the Hearing Date. The proof of service filed on February 2, 2024 only indicates service of the Notice of Hearing and Notice of Assignment. (Proof of Service, 02/04/24, p. 3.) Furthermore, service was only by priority mail. (Id. at ¶6.) The Court cannot grant the Petition with compliance with these statutory requirements.

 

Conclusion

 

Petitioner Qiang Fang’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO MAY 15, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY APRIL 24, 2024, PETITIONER IS TO FILE AN AMENDED PETITION CORRECTING THE DEFECTS NOTED HEREIN, AND PROOF OF SERVICE OF THE AMENDED PETITION AND NOTICE OF HEARING DATE.

 

 

Court clerk to give notice.