Judge: Mark E. Windham, Case: 24STCP01144, Date: 2024-08-14 Tentative Ruling

Case Number: 24STCP01144    Hearing Date: August 14, 2024    Dept: 26

 Diya Finance, LLC v. Cal Grove Rentals, Inc., et al.

PETITION TO RELEASE MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Petitioner Diya Finance, LLC’s Petition to Release Property from Mechanic’s Lien is GRANTED. PETITIONER IS ENTITLED TO RECOVER ATTORNEY’S FEES AND COSTS.

ANALYSIS:

Petitioner Diya Finance, LLC (“Petitioner”), filed the instant Petition for Release of Mechanic’s Lien against Respondent Cal Grove Rentals, Inc. (“Respondent”) on April 10, 2024. 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 information required by the statute. 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 filed a compliant proof of service of the Petition and the Notice of the Hearing Date, showing service of the papers on Respondent by certified mail, postage prepaid, with return receipt requested. (Proof of Service by Mail, filed 07/24/24.) This complies with the statute for service of process.

The Petition also seeks attorney’s fees and costs in connection with the instant proceeding under Civil Code section 8488, subdivision (c). (Pet., p. 3:4-5.) The Court finds Petitioner is entitled to recover attorney’s fees and costs.

Conclusion

Petitioner Diya Finance, LLC’s Petition to Release Property from Mechanic’s Lien is GRANTED. PETITIONER IS ENTITLED TO RECOVER ATTORNEY’S FEES AND COSTS.

Moving party to give notice.