Judge: Theresa M. Traber, Case: 22STCP01973, Date: 2022-07-26 Tentative Ruling

Case Number: 22STCP01973    Hearing Date: July 26, 2022    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     July 26, 2022              TRIAL DATE: NOT SET

CASE:                         Maya Steel Fabrications, Inc. v. Rene Reyes et al.

CASE NO.:                 22STCP01973           

PETITION FOR RELEASE OF PROPERTY FROM LIEN [CIV. CODE § 8490]

MOVING PARTY:               Petitioner Maya Steel Fabrications, Inc.

RESPONDING PARTY(S): No opposition on eCourt as of July 26, 2022.

PROOF OF SERVICE:

• Incorrect Address: Address on proof of service does not match address of Respondents in Exhibit 1 of Petition.
• Insufficient notice given (Code Civ. Proc. § 1005(b)): Proof of Service on the Notice of Hearing states that Respondent East and West was served by substituted service by leaving with the receptionist of a “Premier Workspaces”, and that Respondent Reyes was served by leaving the papers with a UPS Store mailbox clerk named Ashley Martinez.  

CASE HISTORY:

·         05/24/22: Petition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

In its Petition filed on May 24, 2022, Petitioner alleges it owns real property in West Hollywood. Respondents Rene Reyes and East and West Plumbing, Inc. claim a mechanic’s lien on the property. Respondents have refused to execute a release of mechanics lien and failed to bring an action to enforce the lien within 90 days after the recordation of the claim of lien.  

Petitioner seeks an order releasing the mechanic’s lien. 

TENTATIVE RULING:

The Petition for Release of Mechanic’s Lien is CONTINUED to August 29, 2022. Petitioners must re-serve Respondents by either personal service or by certified or registered mail, postage prepaid, return receipt requested. Petitioners are to file the proof of service (and any necessary accompanying documents, in the case of service by certified or registered mail, postage prepaid, return receipt requested) no later than August 22, 2022.

DISCUSSION:

Petition To Release Lien

(a) On the filing of a petition for a release order, the clerk shall set a hearing date. The date shall be not more than 30 days after the filing of the petition. The court may continue the hearing only on a showing of good cause, but in any event the court shall rule and make any necessary orders on the petition not later than 60 days after the filing of the petition.

(b) 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,[1] addressed to the claimant as provided in Section 8108.

(c) Notwithstanding Section 8116, when service is made by mail, service is complete on the fifth day following deposit of the petition and notice in the mail.

(Civ. Code § 8486, bold emphasis and underlining added.)

Here, the petition was filed on May 24, 2022. The hearing was not calendared until July 26, 2022. The hearing was therefore not set until more than 60 days after filing of the petition, not within 30 days as required by Civil Code § 8486(a). Further, Petitioner’s proof of service of the Notice of Hearing states that Respondent Reyes was served by “substituted service” by leaving the papers with a UPS Store mailbox clerk named Ashley Martinez, and that Respondent East and West was served by leaving the papers with the receptionist for a “Premier Workspaces.” Service of the papers therefore appears defective.  

Accordingly, the Petition for Release of Mechanic’s Lien is CONTINUED to August 29, 2022. Petitioners must re-serve Respondents by either personal service, substituted service or other method for serving summons and complaint, or by certified or registered mail, postage prepaid, return receipt requested. Petitioners are to file the proof of service (and any necessary accompanying documents, in the case of service by certified or registered mail, postage prepaid, return receipt requested) no later than August 22, 2022.

IT IS SO ORDERED.

Dated: July 26, 2022                           ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.