Judge: Thomas D. Long, Case: 23STCP03339, Date: 2023-11-07 Tentative Ruling

Case Number: 23STCP03339    Hearing Date: November 7, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On September 12, 2023, Petitioner Court-Appointed Partition Referee Kevin Singer filed a petition to release mechanic’s liens.  On September 26, 2023, the Court set a hearing on the Petition, and Petitioner gave notice to Respondent.  Respondent did not file an opposition.

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.  The property at issue is the real property located at 7528-7534 Norton Avenue, West Hollywood, CA 90046.  (Petition ¶ 1.)  Respondent recorded the mechanic’s liens against the Property on May 17, 2023, and no action to enforce the liens has been filed or is pending.  (Petition ¶¶ 3-4, 8 & Exs. B-C.)  No extension of credit was granted, and Petitioner gave Respondent notice.  (Petition ¶¶ 5-6.)  Respondent has not filed for relief in bankruptcy, and Petitioner is unaware of any other circumstances which would render Respondent unable to file an action to foreclose the mechanic’s liens.  (Petition ¶ 9.)  Petitioner is therefore entitled to an order releasing the mechanic’s liens.

Accordingly, the unopposed petition is GRANTED, and Mechanic’s Liens No. 20230322744 and No. 20230322745 are released.

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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 7th day of November 2023