2014-00157037-CL-CO

Argelio Ponces vs. Justin Singh

Nature of Proceeding: Notice of Petition to Release Mechanic’s Lien

Filed By: Zeesman, Alexander J.

Petitioner/defendant’s Petition to release mechanic’s lien pursuant to Civil Code 8480
(formerly Cal Civ Code § 3154) is denied.

Plaintiff filed an action to foreclose on a mechanics lien arising out of alleged work
done on defendant’s home while plaintiff was a tenant of the home. Defendant
contends all of the work was done by plaintiff tenant was either performed before the
lease was entered or pursuant to oral agreements whereby plaintiff would offset the
rent due in exchange for services. Defendant contends that the work was actually
done more than 90 days before the lien was recorded and therefore the lien was
untimely.

A motion to release a mechanics lien under Civil Code 8480 is limited to releasing
stale claims based on the failure to file a lawsuit within 90 days of recording the lien.
See, e.g. Civ. Code § 8460(a). However, here, Plaintiff timely filed this lawsuit (Jan 6,
2014) within 90 days of recording the lien (Ex. H; recorded Oct.7, 2013). The issues of
whether respondent/plaintiff performed the work pursuant to an agreement, when that
work was performed, the timeliness of the lien, and the value of that work cannot be
resolved by this limited summary proceeding. If the facts were undisputed, the issues
could be resolved in a pre-trial proceeding such as a motion for summary judgment.

Moreover, a petition for release based on failure to file a lawsuit within 90 days
requires a certified copy of the claim of lien to be attached to the petition. Civil Code
8484(a). No such certified copy was attached.

An owner who disputes the validity of a claim may obtain a release of the real property
by recording a lien release bond. Civil Code section 8424.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.