Judge: Thomas D. Long, Case: 22STCV23427, Date: 2022-11-03 Tentative Ruling

Case Number: 22STCV23427    Hearing Date: November 3, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 20, 2022, Plaintiff Montana Marketing & Sales, Inc. filed this action against Defendant Tonya Thomas, alleging (1) breach of contract, and (2) mechanics’ lien foreclosure.  On September 7, 2022, Defendant filed a petition to release mechanic’s lien.

The owner of property or the owner of any interest in property subject to a mechanic’s 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 90 days after recordation of the claim of lien, unless the claimant and owner agree to extend credit and notice of the fact and terms of the extension is properly recorded.  (Civ. Code, §§ 8460, 8480, subd. (a).)

The petition must be verified and include (a) the date of recordation of the claim of lien with a certified copy of the claim of lien; (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; (f) that the owner has given the claimant notice 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; and (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.  (Civ. Code, § 8484.)

The petition complies with these requirements.  However, Plaintiff filed its mechanic’s lien on June 23, 2022 (Petition, Ex. A) and then filed this action for foreclosure of the mechanic’s lien on July 20, 2022—only 27 days later.  Plaintiff’s action is therefore timely.

In opposition, Plaintiff asks the Court to stay the proceedings and continue the hearing on this petition until after the Court decides Plaintiff’s pending motion to compel arbitration.  (Opposition at p. 2.)  Plaintiff contends that “in order to contemplate a ruling, the Court would surely be required to make its decision based on the facts as presented by the parties,” and their contract’s arbitration provision contains a delegation clause for “any dispute or a claim arising out of or relating to this agreement, or the enforcement or interpretation hereof.”  (Ibid.)  Plaintiff’s request is denied, as the Court can—and does—decide the petition without any reference to the parties’ contract that is the subject of the motion to compel arbitration.

The petition to release mechanic’s lien is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 3rd day of November 2022