Judge Thomas Falls, Case 23PSCP00006 2023-03-01 Tentative Ruling

PETITION FOR RELEASE OF PROPERTY FROM LIEN [Cal. Civil Code section 8490] is TBD.

On January 6, 2023, Petitioners, JLR Puente Hills, LLC and P.T. Enterprises, LLC filed the instant Petition to remove the lien imposed by Respondent Matthew Fromer.

A mechanic's lien is a charge imposed upon specific property by which the property is made security for the reasonable value of labor or materials furnished by mechanics, materials men, contractors, subcontractors, etc. A mechanic's lien has priority over any lien, mortgage, deed of trust, or encumbrance which may have attached subsequent to the time when building was commenced. Civ. Code §3134.¿

To remove the mechanic’s lien, the requirements set forth by Civil Code section 8480(a) must be followed. In turn, Civil Code § 8484 provides, as follows:

A petition for a release order shall be verified and shall allege all of 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.

(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.

(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.

Here, the petition complies with most of Civil Code § 8484 requirements, but not all.

The petition states the mechanics’ lien was recorded on January 21, 2021 in the Los Angeles County Recorder’s Office, as Document No. 20210061723. A copy of the lien is attached to the petition. The petition identifies the legal description of the property. The petition states that no extension of credit in this matter has been granted under Civil Code §8460, the time for commencement of an action to enforce the lien has expired, and no action to enforce the lien claim is pending. The petition states Petitioners have given notice to Claimant, pursuant to Civil Code §8482 demanding that Claimant execute and record a release of the lien and Claimant is either unable or unwilling to execute and record a release of the lien. The petition states Petitioners have not filed for relief in bankruptcy and there is no other restraint that prevented Claimant from commencing an action to enforce the lien.

However, the petition and supplemental declaration of counsel Serge Tomassian both state that the property encumbered by the lien is 17647 Gale Ave. in the City of Industry, whereas the petition makes numerous references to the property being in the city of Rowland Heights. (See Petition p. 11 of 25 of PDF [Claim of Mechanics Lien]; p. 14 of 25 of PDF [Affidavit of Delivery]; p. 20 [Project Information]; p. 21 [Release of Mechanic’s Lien].)[1]

Therefore, considering the Legal Description of the Property does not mention the city of Rowland Heights, the court is uncertain as to the whether the property subject to the lien is the same as that described in the legal description of the property.

Based on the foregoing, the court will inquire into the matter during the hearing. If Petitioner provides an adequate explanation, the court will grant the unopposed petition.

[1] The Release of Mechanic’s Lien states that the 17647 Gale Avenue, City of Industry California 91748 address is “also referred to as” 17647 Gale Avenue, Rowland Heights California 91748 and further described in Exhibit A,” but the court is uncertain how to two different cities can be the same.