EV Core Corp. dba Pilates Evergreen Valley v. JM Home Builders, Inc.

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113

DATE: August 18, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

**Please specify the issue to be contested when calling the Court and counsel**

Line 5 24CV451118 So Yeon Chun v. Hyeon Cross-complainant Hyeon Eui Lee’s motion to deem admitted Eui Lee requests for admission, set one, against self-represented cross- defendant Dong Suk Yoo. (Code Civ. Proc., § 2033.280.)

Notice is not proper. The proof of service was served by electronic service. But Dong Suk Yoo did not expressly consent to receive electronic service. (Code Civ. Proc., § 1010.6, subd. (c) [service on unrepresented persons].)

Though it does not appear the moving papers were sent by U.S. Mail, the court also observes that cross-complainant appears to have the wrong physical address for Dong Suk Yoo. The proof of service indicates a mailing address of 34560 El Camino Real, but the party’s address of record is 3450 El Camino Real.

The motion is DENIED. The court will prepare the order.

Line 6 25CV474284 Richard Ortiz v. General Click LINE 6 or scroll down for ruling. Motors, LLC

Line 7 25CV474284 Richard Ortiz v. General Click LINE 6 or scroll down for ruling. Motors, LLC

Line 8 26CV497313 EV Core Corp. dba Club Click LINE 8 or scroll down for ruling. Pilates Evergreen Valley, a California corporation v. JM Home Builders, Inc., a California corporation

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Calendar Line 8 Case Name: EV Core Corp. dba Pilates Evergreen Valley v. JM Home Builders, Inc. Case No.: 26CV497313

Petitioner EV Core Corp.’s verified petition for release of property from mechanics lien. Notice is proper (Civ. Code, §§ 8108, subd. (c); 8486, subd. (b)), and the petition is unopposed.

A mechanics lien claimant must commence an action to enforce a mechanics lien within 90 days after the claim of lien is recorded. The claim of lien “expires and is unenforceable” if no action is commenced within that time. (Civ. Code, § 8460, subd. (a).)

A property owner or other entity with interest in 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 does not timely commence an action to enforce the lien. (Civ. Code, § 8480, subd. (a).)

The petition must be verified and must allege “all of the following: (a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition.; (b) The county in which the claim of lien is recorded.; (c) The book and page or series number of the place in the official records where the claim of lien is recorded.; (d) The legal description of the property subject to the claim of lien.; (e) Whether an extension of credit has been granted under Section 8460, if so to what date, and that the time for commencement of an action to enforce the lien has expired.; (f) That the owner has given the claimant notice under Section 8482 demanding that the claimant execute and record a release of the lien and that the claimant is unable or unwilling to do so or cannot with reasonable diligence be found.; (g) Whether an action to enforce the lien is pending.; (h) Whether the owner of the property or interest in the property has filed for relief in bankruptcy or there is another restraint that prevents the claimant from commencing an action to enforce the lien.” (Civ.

Code, § 8484.)

A prevailing party is entitled to reasonable attorney fees. (Civ. Code, § 8488, subd. (c).)

Petitioner’s verified petition alleges respondent JM Home Builders, Inc., recorded a mechanics lien for $250,000 on September 12, 2025, against property located at 4055 Evergreen Village, Suite 130, San Jose, CA, Santa Clara County (document No. 25869033). A certified copy of the lien is attached to the petition. The petition alleges no extension of credit has been granted under Civil Code section 8460. The petition alleges petitioner gave respondent notice under Civil Code section 8482, demanding that respondent record a release of lien. The petition alleges no action to enforce the lien is pending. And the petition alleges petitioner is not aware of any bankruptcy proceedings that would prevent the claimant from commencing an action to enforce the lien. The petition requests an order releasing the lien, and for $4,900 in attorney fees (14 hours at $350/hour).

On good cause shown, the petition is GRANTED. The mechanics lien with document number 25869033 has expired and is unenforceable. The property is released from that mechanics lien.

Respondent JM Home Builders, Inc. must pay petitioner $3,500 in attorney fees (10 hours at $350/hour). Petitioner’s counsel’s declared the fee estimate included “several hours” counsel estimated would be devoted to reviewing any opposition and drafting a reply. No opposition was filed, meaning those attorney fees were not incurred.

The court will prepare the order.

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