Petition to Release Property-Mechanic’s Lien
26CV013352: DAI vs RELIABLE ROOFING LOOMIS LLC 06/15/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8C
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C in the Tani G. Cantil-Sakauye Courthouse at 500 G Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.
Any party who wishes to contest the tentative ruling below must:
(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that they have notified the opposing party of their intention to appear; and
(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.
If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:
https://saccourt-ca-gov.zoomgov.com/j/16039062174
SIP Address:
16039062174@sip.zoomgov.com
(833) 568-8864
ID: 16039062174
26CV013352: DAI vs RELIABLE ROOFING LOOMIS LLC 06/15/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8C
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING
***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION***
Petitioner in pro per Helen Dais (Petitioner) petition for release of property from lien is UNOPPOSED but is DROPPED for defective service.
A petition to release property from a mechanics lien must be served along with a notice of hearing on the lien claimant at least 15 days before the hearing. (Civ. Code § 8486(b).) 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. (Ibid.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV013352: DAI vs RELIABLE ROOFING LOOMIS LLC 06/15/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8C
Here, Petitioner filed the petition on June 2, 2026 and the notice of hearing on June 3, 2026. There is no proof of service of either document.
Additionally, the Petition is defective because it does not include a declaration re: notice concerning Petitioners notice of demand for release of lien sent to claimant as required by Civil Code section 8118. (See Civ. Code, § 8482 [notice to claimant demanding release of lien shall comply with the requirements of Chapter 2 (commencing with Section 8100) . . .].)
Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)