2017-00222399-CU-PT

Horacio Gonzalez vs. Vesta, Inc.

Nature of Proceeding: Petition for Release of Property from Lien

Filed By: Gonzalez, Horacio

Petitioner’s Motion for Release of Property from Mechanic’s Lien is unopposed and is GRANTED.

A motion to release a mechanic’s 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. A petition for release of lien 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).) Petitioner has attached a certified copy of the lien to his Petition. (See Exh. A.)

Civil Code section 8486(b) requires that the petitioner serve a copy of the petition and a notice of hearing on the claimant at least 15 days before the hearing. Service shall be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested, addressed to the claimant as provided in Section 8108. (Civil Code § 8486(b).) Petitioner has satisfied the service requirement as provided in Section 8108.

The owner of property subject to a claim of 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 the time provided in Section 8460. (Civil Code § 8480
(a).)

Petitioner has established the following: Petitioner is the owner of real property (“the property”) located at 500 El Camino Avenue, Sacramento, California.

Respondent was a contractor engaged in the business of carpet cleaning and claims to have contributed to the work of improvement of the property. On September 18, 2013, in the Official Records of Sacramento County, California, Respondent recorded a claim of mechanics lien against the property. The lien was recorded in the official records of the County Recorder in book number 20130918, page number 0376. The claim of lien was in the amount of $4,340.00 for labor, services, equipment or materials furnished by Respondent for a work of improvement. As noted, a certified copy of the claim of lien is attached to the Petition (Exh. A).

Respondent failed to bring an action to enforce the lien within 90 days after the recordation of the claim of lien, as required by Code Civil Code section 8460. No action has been filed to foreclose the lien; no extension of credit has been recorded; and the time period during which suit can be brought to foreclose the lien has expired. Petitioner avers that he has attempted to contact Respondent to remove the lien via certified mail. (See Exh. B.) The demand was sent to the address as shown on the claim of lien itself. Petitioner received no response to his demand.

Petitioner has established the grounds for the requested relief.

The Court therefore grants the unopposed petition and the subject real property is ordered released from the lien. Civil Code, secs. 8460(a), 8488(b).

The Court will sign the Order provided by Petitioner.