Judge: Mark E. Windham, Case: 23STCP04467, Date: 2024-03-15 Tentative Ruling

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Case Number: 23STCP04467    Hearing Date: March 15, 2024    Dept: 26

  

Silver Star Construction Engineering, Inc. v. Frontline Fire Protection, et al.

PETITION TO RELEASE MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

 

Petitioner Silver Star Construction Engineering, Inc.’s Petition to Release Property from Mechanic’s Lien is GRANTED. PETITIONER IS FURTHER AWARDED ATTORNEY’S FEES AND COSTS OF $3,950.00. THE PROPOSED ORDER FILED ON DECEMBER 13, 2023 IS SIGNED AND ENTERED THIS DATE.

 

 

ANALYSIS:

 

Petitioner Silver Star Construction Engineering, Inc. (“Petitioner”) filed the instant verified Petition to Release Property from Lien against Respondent Frontline Fire Protection (“Respondent”) on December 11, 2023. 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 released. The Petition is brought pursuant to Civil Code section 8480, which provides that the owner of the 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.

(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.) Regarding the merits, Petitioner has satisfied the requirements of Civil Code sections 8482 and 8484. (Pet., ¶¶1-10 and Exhs. A-B.) Furthermore, there is no indication that an action to enforce the lien has been commenced and the 90-day time period to commence an action has now expired. (Ibid.)

 

Civil Code section 8486, subdivision (b) requires service of the Petition and notice of hearing 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 filed proof of service of the Petition and the Notice of the Hearing Date by certified mail with return receipt requested. (Proof of Personal Service, filed 12/22/23.) This conforms to the statutory requirements for service.

 

Finally, Petitioner requests attorney’s fees and costs pursuant to Civil Code section 8488, subdivision (c). (Pet., ¶10.) Petitioner incurred fees of $3,590.00 based on five hours of attorney time billed at $625.00 per hour, and 1.5 hours of attorney time billed at $465.00 per hour. (Pet., Lubka Decl., ¶4.) These reasonable fees are awarded to Petitioner.

 

Conclusion

 

Petitioner Silver Star Construction Engineering, Inc.’s Petition to Release Property from Mechanic’s Lien is GRANTED. PETITIONER IS FURTHER AWARDED ATTORNEY’S FEES AND COSTS OF $3,950.00. THE PROPOSED ORDER FILED ON DECEMBER 13, 2023 IS SIGNED AND ENTERED THIS DATE.

 

 

 

Moving party to give notice.