Judge: Mark E. Windham, Case: 24STCP01835, Date: 2024-10-29 Tentative Ruling

Case Number: 24STCP01835    Hearing Date: October 29, 2024    Dept: 26

Bue v. Progressive Home Remodeling, Inc., et al.

PETITION TO RELEASE MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Petition of Joesph Lo Bue to Release Property from Mechanic’s Lien is CONTINUED TO JANAURY 28, 2025 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY DECEMBER 30, 2024, PETITIONER IS FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF NEW HEARING DATE IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED.

ANALYSIS:

Petitioner Joseph Lo Bue (“Petitioner”) filed the instant Petition for Release of Mechanic’s Lien against Respondent Progressive Home Remodeling, Inc. (“Respondent”) on June 5, 2024. The hearing on the Petition was set for October 9, 2024. Petitioner filed proof of substitute service on June 26, 2024. On September 19, 2024, the Court continued the hearing from October 9, 2024 to October 29, 2024 and ordered Petitioner to give notice of the new hearing date. 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 filed proof of substitute service of the Petition and the initial Notice of the Hearing Date. The proof of service is facially defective. It indicates that Respondent was served at a business located at 15141 Gilmore St, Los Angeles, California on June 19, 2024. (Proof of Substitute Service, ¶¶4-5.) The papers were purportedly left with “Adina Cohen, Resident.” (Id. at ¶5b.) Service at a business, however, cannot be made upon a resident. Instead, the papers must be left with a person apparently in charge of the office or usual place of business. (Ibid.) Additionally, Petitioner has not demonstrated that they gave Respondent notice of the new hearing date, as ordered by the Court.

Conclusion

Therefore, the Petition of Joesph Lo Bue to Release Property from Mechanic’s Lien is CONTINUED TO JANAURY 28, 2025 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY DECEMBER 30, 2024, PETITIONER IS FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF NEW HEARING DATE IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED.

Moving party to give notice.