Judge: Matthew C. Braner, Case: 37-2024-00020764-CU-PT-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 20, 2024

06/21/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Petitions - Other Hearing on Petition 37-2024-00020764-CU-PT-CTL DARBY 527 LLC VS ELITE LIVING REMODELING INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Petitioner Darby 527, LLC's petition for decree releasing property from mechanic's lien is GRANTED.

Petitioner's motion for attorney fee and costs is OFF CALENDAR, as it was submitted without its own hearing reservation. (See San Diego Superior Court Local Rules, Rule 2.1.19.A ['Failure to reserve a date for hearing will result in the demurrer, motion, ex parte application, or order to show cause hearing not being heard.'].) Moreover, the request was premature, as no order had yet been entered confirming Petitioner is the prevailing party. (Civ. Code, § 8488, subd. (c) ['The prevailing party is entitled to reasonable attorney's fees.'].) Petitioner is the owner of real property located at 527 10th Avenue Unit 609, San Diego, CA 92101, and seeks relief under Civil Code section 8480 for 'an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 8460.' (Civ. Code, § 8480, subd. (a).) Such petitions must comply with the requirements of Civil Code sections 8482, 8484, and 8486. Here, the petition sufficiently complies with these Civil Code provisions.

Accordingly, the petition is granted.

Petitioner to provide a proposed order to release the mechanic's lien for the court's signature.

If the tentative is confirmed, the court will set a hearing on Petitioner's motion for attorney fees and costs for August 9, 2024, at 1:30 p.m. in this department. Petitioner to provide notice of the new hearing date on the motion to Respondent Elite Living Remodeling, Inc.

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