Judge Mark E. Windham, Case Number: 24STCP02205, Date: 2024-11-20 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

The e-mail address is SSCdept26@lacourt.org

The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

If there are no appearances by either side and no submission on the Court's tentative ruling, the matter will be placed OFF CALENDAR.

Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time.

Diya Finance, LLC v. Qwik Inspection, Inc., et al.

PETITION TO RELEASE MECHANIC’S LIEN

Petitioner Diya Finance, LLC’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO FEBRUARY 19, 2025 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JANAURY 22, 2025, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING IN COMPLIANCE WITH THE STATUTORY REQUIREMENTS.

Petitioner Diya Finance, LLC (“Petitioner”) filed the instant Petition for Release of Mechanic’s Lien against Respondent Qwik Inspection, Inc. (“Respondent”) on July 11, 2024. No response to the Petition has been filed to date.

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.

(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.

(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 above information, as required. 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).) No proof of service of the Petition and Notice of Hearing have been filed to date. The Court cannot reach the merits of the Petition without Petitioner’s compliance with the statutory service requirements.

Therefore, Petitioner Diya Finance, LLC’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO FEBRUARY 19, 2025 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY JANAURY 22, 2025, PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING IN COMPLIANCE WITH THE STATUTORY REQUIREMENTS.