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26CV016332·sacramento·Civil·Mechanic’s Lien
Hearing todayGRANTED

IN THE MATTER OF: ANTHONY TINOCO

Petition for Release of Property from Lien

Hearing date
Sep 9, 2026
Department
8D
Judge
Prevailing
Moving Party

Motion type

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Monetary amounts referenced

$26,195.00

Parties

PetitionerAnthony Tinoco
RespondentWilliam Chang

Ruling

26CV016332: IN THE MATTER OF: ANTHONY TINOCO 09/09/2026 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.

If a hearing is not requested by 4:00 p.m. on the Court day before the scheduled CMC, the tentative ruling shall become the final order of the Court. The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Court’s Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. If a hearing is requested, the Court assumes that all parties will appear remotely via Zoom unless the Court orders in-person attendance.

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/16113421868 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 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 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf.

26CV016332: IN THE MATTER OF: ANTHONY TINOCO 09/09/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8D

Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf 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 Court’s 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 Reporter’s Office and an official reporter will be provided

TENTATIVE RULING

Mandatory Appearance Required.

Petitioner Anthony Tinoco’s (“Petitioner”) Petition for Release of Property from Lien is UNOPPOSED and GRANTED.

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 (“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.

A motion to release a mechanic's lien under Civil Code section 8480 is limited to releasing stale claims based on the failure to file a lawsuit within 90 days of recording the lien. Specifically, Civil Code 8480(a) provides: “The owner of property or the owner of any 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 has not commenced an action to enforce the lien within the time provided in section 8460.” (Civil Code section 8460(a).) Civil Code 8460 provides that the claimant shall commence an action to

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV016332: IN THE MATTER OF: ANTHONY TINOCO 09/09/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8D

enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable. Civil Code 8460(a). Petitioner has established he is the owner of the Property. (Verified Amended Petition at ¶ 1.)

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 the Petition. (Verified Amended Petition at ¶ 3, Exh. A.) On February 26, 2026, in the Official Records of Sacramento County, California, Respondent recorded a claim of mechanics lien against the Property. The lien was recorded as document number 202602260892 in the amount of $26,195.00·for labor, services, equipment, or materials furnished by Respondent for a work performed on the Property.

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.

Respondent failed to bring an action to enforce the lien within 90 days after the recordation of the 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. (Verified Amended Petition at ¶ 4.) Petitioner sent Respondent a written demand on June 9, 2026, to execute and record a release of the lien claim, but Respondent has not released the Lien. (Verified Amended Petition at ¶¶ 5-7, Ex. B.) Petitioner has no filed for relief under bankruptcy, nor is there any other restraint that prevents Respondent from filing to foreclose the lien. (Verified Amended Petition at ¶ 7.)

Petitioner has established the grounds for the requested relief.

The Court therefore grants the petition and the Property is ordered released from the Lien. (Civ. Code §§ 8460(a), 8488(b).)

The Court will sign the proposed order submitted with the moving papers.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV016332: IN THE MATTER OF: ANTHONY TINOCO 09/09/2026 Hearing on Petition to Release Property-Mechanic's Lien in Department 8D

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