Petition to Release Mechanic’s Lien pursuant to Civil Code Section 8484
CIVIL LAW & MOTION CALENDAR – Hon. Cynthia P. Smith, Dept. A (Historic Courthouse) at 8:30 a.m.
Daniel Uhimets v. Jaye Miller 26CV000672
PETITION TO RELEASE MECHANIC’S LIEN PURSUANT TO CIVIL CODE SECTION 8484
APPEARANCE REQUIRED
Daniel Uhimets/DA Investors Group (“Petitioner”) petitions, pursuant to Civil Code section 8460 et seq.,1 for an order releasing a mechanic’s lien recorded on the real property located at 2655 Harness Dr., Pope Valley, CA, 94567 (“Property”) by Respondents/Lien Claimant Jaye Miller (“Claimant”).
Pursuant to Civil Code section 8480, subdivision (a), “[t]he 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.” Section 8460 provides that “[t]he claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien” and “[i]f the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.” (§ 8460.)
California case law has upheld these statutory provisions holding that a “lien, which was created by the statutory scheme, is automatically nullified by a failure to timely commence a foreclosure proceeding.” (Coast Central Credit Union v. Sup. Ct. (1989) 209 Cal.App.3d 703, 711; see also Solit v. Tokai Bank (1999) 68 Cal.App.4th 1435, 1442 [“If the claimant fails to commence an action to foreclose a timely recorded lien within 90 days, the lien ‘automatically shall be null and void and of no further force and effect.’”].)
Despite the fact that no opposition has been filed, the Petition is deemed controverted by Respondent. (See § 8488, subd. (a).)
The Court finds evidence in the file sufficient to establish that Petitioner has complied with the service and date for hearing requirements of the statute. (See §§ 8488, subd. (a), 8486, subd. (b), and 8108.)
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The Court takes judicial notice of the Lien attached to the Petition. The Court finds that Petitioner has produced evidence, in the form of the Verified Petition, sufficient to carry the initial burden, as to:
1. Its ownership of an interest in the Property (§ 8480, subd. (a)); 2. The date of recordation of the claim of lien (§ 8484, subd. (a)); 3. The county in which the claim of lien is recorded (Id. at subd. (b); 4. The book and page or series number of the place in the official records where the claim of lien is recorded (Id. at subd. (c)); 1 All subsequent statutory references are to the Civil Code unless otherwise noted.
2