Case Number: VC065199 Hearing Date: July 21, 2016 Dept: SEC

RINGLING v. KIM
CASE NO.: VC065199
HEARING: 07/19/16

#5
TENTATIVE ORDER

Plaintiff/cross-defendant VANESSA RINGLING’s motion for release of mechanic’s lien is GRANTED. C.C. § 8460.

The mechanic’s lien, recording number 20151490231, recorded by defendant Spencer Kim, is hereby expunged.

Plaintiff/cross-defendant’s request for attorney’s fees and costs is GRANTED in the amount of $2,507.50. C.C. § 8488(c).

Plaintiff Ringling initiated this action to recover damages arising from the home remodeling defendants SPENCER KIM and KIMNAN, INC. contracted to do. Defendants filed a cross-complaint for monies owed and for foreclosure on the mechanic’s lien they recorded on November 30, 2015.

An action to foreclose on a mechanic’s lien must be filed within 90 days. C.C. § 8460. Cross-complainants inadvertently missed the deadline of February 29 and filed the cross-complaint on March 1, 2016. Cross-defendant’s demurrer to the pleading on statute of limitations grounds was sustained without leave to amend. Order, 06/07/16.

Although the mechanic’ lien has expired, cross-complainants have not removed the lien. Their counsel explains that they may file a writ challenging this Court’s prior order and that they will not expunge the lien until the determination of whether to appeal is made. Regardless of whether a writ is filed, cross-defendant is entitled to have the expired lien removed from the property. The request is granted.

Cross-complainants also contest Ringling’s claim for attorney’s fees. They argue that the pleading was untimely due to their messenger’s filing error and that they have acted in good faith. Nonetheless, their attempts at enforcement were deemed untimely and their failure to voluntarily release the lien necessitated the subject motion. Whether or not section 8488 is mandatory, the Court finds cross-defendant is entitled to reasonable fees and further finds that the amount requested is reasonable.