California Civil Code

§ 8488

CIV § 8488 Effective Jan 1, 2011Div. 4 · Title 2 · Part 6 · Ch. 4 · Art. 7

Statute text

(a)At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed controverted by the claimant. The petitioner has the initial burden of producing evidence on those matters. The petitioner has the burden of proof as to the issue of compliance with the service and date for hearing requirements of this article. The claimant has the burden of proof as to the validity of the lien.

(b)If judgment is in favor of the petitioner, the court shall order the property released from the claim of lien.

(c)The prevailing party is entitled to reasonable attorney’s fees.

Legislative history

Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.