Petition to Release Property-Mechanic’s Lien
26CV016332: IN THE MATTER OF: ANTHONY TINOCO 08/03/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8D
Tentative Ruling
NOTICE:
PLEASE TAKE NOTICE that effective April 13, 2026, this department has moved to the Tani G. Cantil-Sakauye courthouse located at 500 G Street in Sacramento, CA 95814. All hearings noticed for Department 25 will be heard in Department 8D of the new courthouse. Parties who wish to contest the tentative ruling below must: (1) request a hearing by calling the Department 8D Oral Argument Request Line at (916) 874-7719 no later than 4:00 p.m. on the Court day before the scheduled CMC, and (2) advise opposing counsel of the request.
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26CV016332: IN THE MATTER OF: ANTHONY TINOCO 08/03/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8D
TENTATIVE RULING
Petitioners Notice of Motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Petitioners counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure. If Petitioners counsel is unable to contact opposing counsel prior to the hearing, Petitioners counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to todays tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).
Petitioner Anthony Tinocos (Plaintiff) petition to release property from lien is UNOPPOSED but DROPPED for defective service.[1]
Petitioner requests the Court order the release of the Mechanics' Lien on property located at 200 Orange Blossom Circle, Folsom, Sacramento County, CA 95630 (the Property), on the ground Respondent William Chang, individually and doing business as William Construction, (Respondent) has failed to bring an action to enforce the lien within 90 days after the recordation of the claim of lien as required by Civil Code section 8460.
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).)
While it appears that the Notice of Demand for Release of Lien was served on June 9, 2026, via certified mail, with postage and mail-return receipt fully prepaid, the Proof of Service of the Notice of Hearing on Petition and Petition to Release Property from Mechanics Lien shows service by United States Postal Service on July 8, 2026. As such, Petitioner has not satisfied the service requirement as provided in Section 8108.
Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
The Court also notes that while the Petition provides that no extension of credit has been recorded, it does not expressly address [w]hether an extension of credit has been granted under Section 8460. (See Civil Code section 8484(e) (emphasis added).)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV016332: IN THE MATTER OF: ANTHONY TINOCO 08/03/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8D
[1] The Court notes that it appears the Petition filed with the Court is missing page 2.
However, it appears that the Petition served on Respondent as part of the Notice of Hearing (Exhibit A) includes page 2 and all exhibits.