2017-00219315-CU-BC

Regional Builders, Inc. vs. Wai Yee

Nature of Proceeding: Motion to Expunge Mechanic’s Lien and Lis Pendens

Filed By: Harrison, Kim A.

Defendant Wai Yee’s motion to expunge mechanic’s lien and lis pendens is transferred to Department 47 to be set as a short cause trial.

In this action Plaintiff Regional Builders asserts causes of action against Defendant for breach of contract, quantum meruit, common counts, and for foreclosure of mechanic’s lien. Plaintiff alleges that on or about November 7, 2016, the parties entered into a written contract pursuant to which it was to provide Defendant labor and materials for the demolition, repair and reconstruction of a house located at 647 Crest Drive in Sacramento for $70,914.37. Plaintiff alleged that the contract provided that if Defendant cancelled the contract she would pay Plaintiff for the labor and materials furnished plus 20% of the entire contract price. Plaintiff alleges that Defendant sought to change the materials called for in the plans and do some of the work on her own and ultimately repudiated the contract on April 26, 2017 and asked Plaintiff to stop work.

Plaintiff filed a mechanic’s lien and lis pendens against the property which Defendant now seeks to expunge. Among other things, Defendant argues that Plaintiff’s lien fails because it cannot show that it is entitled to any additional payment from her and in fact it owes her money. Defendant submitted a declaration from a licensed contractor who asserts that Plaintiff overcharged Defendant for certain items of work and/or did not complete. Plaintiff disputes these contentions.

A party may bring a nonstatutory “motion” to challenge a mechanic’s lien in a pending action to foreclose on the lien. (Lambert v. Superior Court (1991) 228 Cal.App.3d 383, 387.) However, the Lambert court also noted that because testimony and extensive evidence may be involved, complicated motions may be diverted from the law and motion department and assigned from the master calendar as short causes.

Because this case involves a detailed dispute as to what tasks were performed and paid for, the Court will set this matter on the short cause calendar at 8:30 a.m. in Department 47 on March 23, 2018. If that date is inconvenient, the parties shall meet and confer to pick another Friday date and inform the clerk in Department 53 of the new date no later than 4:00 p.m. on March 13, 2018, so that the clerk may set the matter on the short cause calendar in Department 47.