Judge: Stephen P. Pfahler, Case: 24STCP00930, Date: 2024-04-26 Tentative Ruling

Case Number: 24STCP00930    Hearing Date: April 26, 2024    Dept: 68

Dept. 68

Date: 4-26-24 (specially set)

Case # 24STCP00930

Trial Date: N/A

RELEASE MECHANICS LIEN

MOVING PARTY: Petitioner, Residency at the Mayer, LP

RESPONDING PARTY: Unopposed/Respondent, Air Place Masters, Inc.

RELIEF REQUESTED

Hearing on Petition to Remove Mechanics Lien

SUMMARY OF ACTION

Petitioner, Mohammad Yekrangi alleges entry into contract with Respondent, Hamed Hugh Farzaneh dba Hugh Construction and Development on May 30, 2019 for the provision of certain contractor services and materials for real property located at 12137 Oro Way, Granada Hills. Respondent abandoned the project “sometime prior to May 4, 2020.” Respondent recorded a mechanics lien on May 12, 2020 for $54,715.

On December 23, 2020, Plaintiff filed a petition for release of the mechanics lien and recovery of attorney fees. On December 30, 2020, the court granted the ex parte motion and advanced the hearing from May 18, 2021 to February 5, 2021.

RULING: Granted.

Petitioner seeks to expunge the mechanic’s lien.

“(a) The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.

“(b) Subdivision (a) does not apply if the claimant and owner agree to extend credit, and notice of the fact and terms of the extension of credit is recorded (1) within 90 days after recordation of the claim of lien or (2) 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. In that event the claimant shall commence an action to enforce the lien within 90 days after the expiration of the credit, but in no case later than one year after completion of the work of improvement. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.”

(Civ. Code, § 8460.)

The lien was recorded on October 18, 2023. Petitioner represents that no action was commenced within 90 days of the recordation of the lien. The 90-day period expired on January 16, 2024. Petitioner demanded a release of the lien on February 29, 2024 before filing the subject petition. [Petition, Ex. B.] (Civ. Code, § 8482.) Service was completed by certified mail 30 days before the hearing date. Petitioner offered to settle the claim at a discounted amount, but no response was presented.

The petition lacks any request for attorney fees. (Civ. Code, § 8488.)

The petition is granted.

Petitioner to provide notice.