Judge: Mark E. Windham, Case: 24STCP01926, Date: 2024-07-18 Tentative Ruling

Case Number: 24STCP01926    Hearing Date: July 18, 2024    Dept: 26

HMA Development, Inc. v. Elassi, et al.

PETITION TO RELEASE MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Petitioner HMA Development, Inc.’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO OCTOBER 17, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY SEPTEMBER 19, 2024, PETITIONER IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION ADDRESSING THE ATTORNEY’S FEES AND COSTS SOUGHT.

ANALYSIS:

Petitioner HMA Development, Inc. (“Petitioner”) filed the instant Petition for Release of Mechanic’s Lien against Respondent Eyal Elassi (“Respondent”) on June 13, 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. The Petition does not cite the relevant moving statute to release the lien. Under Civil Code section 8484 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.) The Petition contains all the required information, is verified, and attaches a certified copy of the lien. Additionally, service of the Petition and Notice of Hearing complies with Civil Code section 8486, subdivision (b), which requires service 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).) The papers were served by certified mail with return receipt requested. (Proof of Service, filed 06/25/24.)

The Petition also seeks attorney’s fees and costs in connection with the instant proceeding under Civil Code section 8488, subdivision (c) but does not indicate the amount sought or provide evidence supporting the request. For the sake of judicial efficiency, the hearing is continued to allow Petitioner to file and serve a supplemental declaration regarding the amount and propriety of the attorney’s fees and costs sought.

Conclusion

Petitioner HMA Development, Inc.’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO OCTOBER 17, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY SEPTEMBER 19, 2024, PETITIONER IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION ADDRESSING THE ATTORNEY’S FEES AND COSTS SOUGHT.

Moving party to give notice.