Judge: Matthew C. Braner, Case: 37-2023-00007905-CU-CO-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2023-00007905-CU-CO-CTL MERCHANTS BONDING COMPANY [MUTUAL] VS DARBY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The petition for release of property from mechanic's lien, filed by Darby 527, LLC, is DENIED.

A petitioner seeking the release of a mechanic's lien is required to serve a copy of the petition and the notice of hearing at least 15 days before the hearing. (Civ. Code, § 8486, subd. (b).) 'Service shall be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested, addressed to the claimant as provided in Section 8108.' (Id.) Here, the proof of service indicates the petition was served via email on February 16, 2024. (ROA #90.) The Civil Code specifies that service must be in the same manner as service of summons, or by certified or registered mail; electronic service, including email, is not an authorized method of service. (Civ. Code, § 8486, subd. (b); see also Code Civ. Proc., § 1010.6, subd. (a)(2) ['If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.'].) Accordingly, the petition is denied.

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