Tucker v. 1400 Fig CA2/2

Filed 11/8/23 Tucker v. 1400 Fig CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

DEAN E. TUCKER, B324667

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 19STCV24308) v.

1400 FIG, LLC, et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard L. Fruin, Jr., Judge. Affirmed.

Dean E. Tucker, in pro. per., for Plaintiff and Appellant.

The Rodarti Group and Josef M. Rodarti for Defendants and Respondents.

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Dean Tucker (appellant) appeals from an order releasing the property of 1400 Fig, LLC (the LLC) and Soleiman Gabbay (collectively respondents) from appellant’s mechanic’s lien and also dismissing respondents from the complaint. We conclude appellant’s mechanic’s lien was unenforceable due to his failure to comply with preliminary notice and licensing requirements. Thus we affirm the order releasing the mechanic’s lien and dismissing respondents from the action.

BACKGROUND The LLC owns the real property at 1400 South Figueroa Street, Los Angeles, California (property). Gabbay holds a majority of the LLC’s membership interests. In November 2015, the LLC entered into a construction contract with Fassberg Contracting Corporation (Fassberg) to construct apartments on the property. Fassberg subcontracted the electrical work to the appellant on January 7, 2016. When he started the work appellant had a valid contractor’s license. However, between October 20, 2016, and December 1, 2016, appellant’s license was suspended due to the lapse of his contractor’s bond. Once a new bond was secured, appellant’s contractor’s license was reinstated. After completing his work, appellant—unpaid for his services—sent a preliminary notice to the LLC on November 11, 2018, asserting a claim for $860,000. Later appellant recorded two mechanic’s liens. The first, recorded on June 3, 2019, expired due to appellant’s failure to timely file a foreclosure claim. The second, recorded on June 24, 2021, claimed appellant was owed $975,627.48.