THE BLUFFS AT 44th LP and IRONCORE CONSTRUCTION LLC v. SUNRISE

LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 21, 2026 TIME: 8:30 A.M.

TENTATIVE RULINGS ARE NOT POSTED IN UNLAWFUL DETAINER CASES

Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the tentative by reference - or an order consistent with the announced ruling of the Court, in accordance with California Rule of Court 3.1312. Such proposed order is required even if the prevailing party submitted a proposed order prior to the hearing with two exceptions: (1) in unopposed matters where the moving party has provided a detailed proposed order or JCC form of order, or (2) where the tentative is simply to “grant”. Failure to comply with Local Rule 2.10.01 may result in the imposition of sanctions following an order to show cause hearing, if a proposed order is not timely filed.

No. 26CV02355

THE BLUFFS AT 44th LP and IRONCORE CONSTRUCTION LLC v. SUNRISE

PETITION FOR RELEASE OF PROPERTY FROM LIEN AND FOR AN AWARD OF ATTORNEY’S FEES

The unopposed petition to release the property from the mechanic’s lien is granted, as discussed below, pursuant to Civil Code section 8480, subdivision (a).

Petitioner the Bluffs owns property and improvements at 4401 Capitola Road, Capitola, Ca. Petitioner Ironcore Construction acted as general contractor for the construction of the Bluffs Apartments at that property. Respondent Sunrise Grading & Paving, LLC (Sunrise)1 entered into a written contract to provide grading and other services on the property. Ironcore and Sunrise became involved in a series of disputes concerning the services and on or about September 2025 Sunrise stopped working on the property. (Ver. Pet. at ¶ 5.) On January 20, 2026, Sunrise recorded a mechanic’s lien in the amount of $862,259.68 against the property. However, petitioners assert Sunrise is not owed any money. (Ver. Pet. at ¶ 6.)

Petitioners seek an order releasing the lien on the property from the official records of the County of Santa Cruz, for attorneys’ fees in the amount of $7,500.00, and for costs pursuant to Civil Code sections 8460, 8480, 8488, or under Lambert v. Sup. Ct. (1991) 228 Cal.App.3d 383. Petitioners argue that the lien is stale and should be removed because the time to foreclose on the lien has expired. Petitioners contend that even if the lien were not stale, Sunrise could not establish the validity of its lien claim as it is not owed any additional money. The verified

1 According to the verified petition, Sunrise’s limited liability company status has been suspended since May 1, 2025.

LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 21, 2026 TIME: 8:30 A.M.

petition, the memorandum of points and authorities, and its accompanying declaration and exhibits were served on Sunrise via certified mail, return receipt requested at 588 Lott Drive Brentwood, CA. (Civ. Code §8486.) There is no opposition.

Here, the verified petition includes the date the lien was recorded (January 20, 2026), a certified copy of the lien (exhibit C to verified petition), the county in which the lien was recorded, and a legal description of the property to be released (Ver. Pet. at ¶ 1.) Sunrise has not filed an action to foreclose on its lien, which it was required to do by April 20, 2026, or 90 days after it recorded the lien. (Ver. Pet. at ¶ 7; Civ. Code § 8460.). Therefore, the lien is unenforceable and the petition to release the property from the mechanic’s lien is granted.

Section 8488, subdivision (c), provides that the prevailing party is entitled to reasonable attorney’s fees. According to the declaration of Eliot Teitlebaum, counsel for petitioners, he charged $500.00/hour for his services in connection with this matter and seeks a fee award in the amount of $7,500.00 against Sunrise. Teitelbaum asserts he normally charges $950.00/hour and has spent more than 15 hours preparing this petition and communicating with Sunrise. Reasonable fees in the amount of $7,500.00 are awarded against Sunrise.

No. 25CV01867

MCWAID v. REGENTS, et al.

DEFENDANT JORDAN’S MOTION TO STRIKE COMPLAINT

The motion is denied.

This is a motor vehicle collision case. Plaintiff claims defendant David Aaron Jordan caused the September 28, 2023 collision at the intersection of Coolidge Drive and Hagar Drive in Santa Cruz by speeding and driving while intoxicated. Defendant rear-ended plaintiff while she was on her bike waiting at the intersection. Plaintiff alleges that defendant smelled of alcohol and was impaired by alcohol when he drove. Plaintiff states claims for negligence against Jordan, negligence against the investigating USCS police officers, failure to perform mandatory duty and negligence of government employees against the Regents.2

Defendant Jordon seeks to strike plaintiff’s claims for punitive damages on the ground she failed to plead any cause of action supporting malice, oppression, or fraud.

2 The claims against the Regents and its employees Andrew Penrose and Frank Sanchez were dismissed via their demurrer to the first amended complaint. (Order, 12/17/25.)