Judge: Mark E. Windham, Case: 23STCP04655, Date: 2024-05-28 Tentative Ruling

Case Number: 23STCP04655    Hearing Date: May 28, 2024    Dept: 26

Oates v. Hi-Tech Builders, Inc., et al.

PETITION TO RELEASE MECHANIC’S LIEN
(Civil Code § 8480)

TENTATIVE RULING:

Petitioner Julie Oates’ Petition to Release Property from Mechanic’s Lien is CONTINUED TO JULY 30, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 2, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING IN COMPLIANCE WITH THE STATUTORY REQUIREMENTS.

ANALYSIS:

Petitioner Julie Oates (“Petitioner”) filed the instant Petition for Release of Mechanic’s Lien against Respondent Hi-Tech Builders, Inc. (“Respondent”) on December 28, 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. Under Civil Code section 8484 the petition for release order must 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.) The Petition contains all the required information. However, Civil Code section 8486, subdivision (b) also 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 has not filed a compliant proof of service of the Petition and the Notice of the Hearing Date. The proof of service filed on January 17, 2024 purports to show personal service of the papers on Defendant but only indicates delivery to the receptionist at its office. (Proof of Service, 01/17/24, ¶3.) This does not comply with the statute for service of process on a corporation. (See Code Civ. Proc., § 416.10.) The Court cannot grant the Petition without compliance with these statutory requirements.

Conclusion

Therefore, Petitioner Julie Oates’ Petition to Release Property from Mechanic’s Lien is CONTINUED TO JULY 30, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JULY 2, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING IN COMPLIANCE WITH THE STATUTORY REQUIREMENTS.

Court clerk to give notice.