Judge: Mark E. Windham, Case: 24STCP01197, Date: 2024-09-12 Tentative Ruling

Case Number: 24STCP01197    Hearing Date: September 12, 2024    Dept: 26

Diya Finance, LLC v. Malbros Ready Mix Concrete, LLC, 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 CONTINUED TO DECEMBER 19, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY NOVEMBER 25, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING IN COMPLIANCE WITH THE STATUTORY REQUIREMENTS.

ANALYSIS:

Petitioner Diya Finance, LLC (“Petitioner”) filed the instant Petition for Release of Mechanic’s Lien against Respondent Malbros Ready Mix Concrete, LLC (“Respondent”) on April 15, 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 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 filed a proof of service of the Petition and the Notice of the Hearing Date demonstrating service by certified mail only. (Proof of Service by Mail, filed 07/24/24.) Under the service statute, service by certified mail must also include return receipt requested. Furthermore, the papers were delivered only to “Malbros Ready Mix Concrete,” which does not comply with the requirements for service on a corporation under Code of Civil Procedure section 416.10. The Court cannot reach the merits of the Petition without Petitioner’s compliance with the statutory service requirements.

Conclusion

Therefore, Petitioner Diya Finance, LLC’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO DECEMBER 19, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY NOVEMBER 25, 2024, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING IN COMPLIANCE WITH THE STATUTORY REQUIREMENTS.

Moving party to give notice.