LA Tigertail, LLC v. Apollo Glazing Contractors, Inc.

PETITION FOR RELEASE OF PROPERTY FROM LIEN

 

MOVING PARTY: LA Tigertail, LLC

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Petitioner LA Tigertail, LLC, is the owner of real property at 717 N. Tigertail Road, Los Angeles, CA 90049. Plaintiff alleges Respondent Apollo Glazing Contractors, Inc., recorded a mechanics lien against the property in the amount of $70,405.87.  Petitioner alleges Respondent failed to bring an action to enforce the lien within 90 days after the recordation of the claim of lien and is unwilling to execute a release of the lien. 

Petitioner now moves to release the property from the lien. Respondent did not file an opposition.

TENTATIVE RULING:

Petitioner’s Petition for Release of Property from Lien is GRANTED.

Petitioner is awarded $480.00 in costs and $1,600.00 in attorney’s fees.

Petitioner to file and serve any proposed Order and/or Judgment which may be needed and is allowed by law.  Petitioner is also to give notice of this ruling to Respondent.

DISCUSSION:

Release of Lien

I. Legal Standard

After a mechanic’s lien has been recorded, “[t]he owner of property or the owner of any interest in property subject to a claim of lien may petition the court 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(a).)  A claimant must commence an action to enforce a lien within 90 days of recording the lien, otherwise, “the claim of lien expires and is unenforceable.”  (Civ. Code, § 8460(a).)  However, the 90-day time limit to commence an action to enforce a lien does not apply if there was an agreement to extend credit and a notice of that fact was recorded within 90 days after recordation of the claim of lien or more than 90 days after recordation of the claim of lien but before a purchaser or encumbrancer for value and in good faith acquires rights in the property.  (Civ. Code, § 8460(b).)

II. Analysis

A. Service Requirements

“The petitioner shall serve a copy of the petition and a notice of hearing on the claimant at least 15 days before the hearing.  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.”  (Civ. Code § 8486(b).)  Civil Code § 8108 provides addresses at which a respondent must be served, depending on the title of the person to be served.  For example, a claimant should be served at the address on the “claimant’s contract, preliminary notice, claim of lien, stop payment notice… [etc.].”  (Civ. Code § 8108(e).)  The petitioner bears the burden of proving that he or she complied with service and date for hearing requirements.  (Civ. Code. §¿8488(a).) 

Here, Petitioner filed a Proof of Service reflecting service of the petition, notice of hearing, and other moving papers by Certified Mail (Return Receipt Requested) on September 13, 2023, to Samuel W. Ward, Apollo Glazing Contractors, Inc., 420 E Easy St, Simi Valley, CA 93065-7539. (See 09/13/23 Proof of Service.)

On October 2, 2023, Petitioner filed a second Proof of Service of the petition, notice, and other moving papers by service on Samuel Ward as Agent for Service for Apollo Glazing Contractors, Inc., at 420 E. Easy Street, Simi Valley, CA 93085.  (10/02/2023 Proof of Service.)

The Easy Street address reflected in the Proofs of Service is the same address reflected in the Mechanics Lien itself as filed by Respondent with the County Recorder. (See Hesse Decl. ¶ 5, Exh. B.) Petitioner served the Petition at least 15 days before the October 5, 2023, hearing date. Therefore, the court finds Petitioner complied with the statutory service requirements. 

B. Petition Requirements

Civil Code § 8484 requires that 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. 

 

A property owner may not petition for a release order until he or she gives the claimant notice demanding that the claimant execute and record a release of lien claim at least ten days before filing the petition. (Civ. Code § 8482.) 

Here, Respondent recorded the mechanics lien on February 28, 2022, in Los Angeles County. (Hesse Decl. ¶ 5, Exh. B.) A Legal Description of the land subject to the lien is attached to the Petition. (Petition, Exh. A.) 

Petitioner represents that Respondent failed to bring an action to enforce the lien within 90 days after the recordation of the claim of lien; that no action has been filed to foreclose the lien; that no extension of credit has been recorded; and that the time period during which suit can be brought to foreclose the lien has expired. (Hesse Decl. ¶ 6.) 

Petitioner has not filed for relief under any law governing bankruptcy. (Hesse Decl. ¶ 10.) On July 14, 2023, Petitioner sent Respondent a written demand, by certified mail, to remove the lien. (See Petition, Exh. C.) Respondent did not respond to the written demand. (Hesse Decl. ¶ 9.) Petitioner filed the instant Petition more than 10-days later. 

Therefore, the court finds that Petitioner has satisfied all requirements for filing a Petition to release the mechanics lien. 

C. Attorney’s Fees to Prevailing Party

Under section 8488, the prevailing party is entitled to its reasonable attorney’s fees. (Civ. Code § 8488.)  Petitioner seeks costs “in excess of $480.00” (including the filing fee for this petition) and reasonable attorney's fees “in excess of $1600.00” in bringing this action. (Hesse Decl. ¶ 11.) The court finds $480.00 in costs and $1,600.00 in attorney’s fees were reasonably incurred. 

IT IS SO ORDERED.

Dated:   October 5, 2023 ___________________________________