State Codes and Statutes

Statutes > California > Civ > 8480-8488

CIVIL CODE
SECTION 8480-8488 



8480.  (a) 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.
   (b) This article does not bar any other cause of action or claim
for relief by the owner of the property. A release order does not bar
any other cause of action or claim for relief by the claimant, other
than an action to enforce the claim of lien that is the subject of
the release order.
   (c) A petition for a release order under this article may be
joined with a pending action to enforce the claim of lien that is the
subject of the petition. No other action or claim for relief may be
joined with a petition under this article.
   (d) Notwithstanding Section 8056, Chapter 2.5 (commencing with
Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure
does not apply to a proceeding under this article.



8482.  An owner of property may not petition the court for a release
order under this article unless at least 10 days before filing the
petition the owner gives the claimant notice demanding that the
claimant execute and record a release of the claim of lien. The
notice shall comply with the requirements of Chapter 2 (commencing
with Section 8100) of Title 1, and shall state the grounds for the
demand.



8484.  A petition for a release order shall be verified and shall
allege all of the following:
   (a) The date of recordation of the claim of lien. A certified copy
of the claim of lien shall be attached to the petition.
   (b) The county in which the claim of lien is recorded.
   (c) The book and page or series number of the place in the
official records where the claim of lien is recorded.
   (d) The legal description of the property subject to the claim of
lien.
   (e) Whether an extension of credit has been granted under Section
8460, if so to what date, and that the time for commencement of an
action to enforce the lien has expired.
   (f) That the owner has given the claimant notice under Section
8482 demanding that the claimant execute and record a release of the
lien and that the claimant is unable or unwilling to do so or cannot
with reasonable diligence be found.
   (g) Whether an action to enforce the lien is pending.
   (h) Whether the owner of the property or interest in the property
has filed for relief in bankruptcy or there is another restraint that
prevents the claimant from commencing an action to enforce the lien.




8486.  (a) On the filing of a petition for a release order, the
clerk shall set a hearing date. The date shall be not more than 30
days after the filing of the petition. The court may continue the
hearing only on a showing of good cause, but in any event the court
shall rule and make any necessary orders on the petition not later
than 60 days after the filing of the petition.
   (b) The petitioner shall 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.
   (c) Notwithstanding Section 8116, when service is made by mail,
service is complete on the fifth day following deposit of the
petition and notice in the mail.


8488.  (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.

State Codes and Statutes

Statutes > California > Civ > 8480-8488

CIVIL CODE
SECTION 8480-8488 



8480.  (a) 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.
   (b) This article does not bar any other cause of action or claim
for relief by the owner of the property. A release order does not bar
any other cause of action or claim for relief by the claimant, other
than an action to enforce the claim of lien that is the subject of
the release order.
   (c) A petition for a release order under this article may be
joined with a pending action to enforce the claim of lien that is the
subject of the petition. No other action or claim for relief may be
joined with a petition under this article.
   (d) Notwithstanding Section 8056, Chapter 2.5 (commencing with
Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure
does not apply to a proceeding under this article.



8482.  An owner of property may not petition the court for a release
order under this article unless at least 10 days before filing the
petition the owner gives the claimant notice demanding that the
claimant execute and record a release of the claim of lien. The
notice shall comply with the requirements of Chapter 2 (commencing
with Section 8100) of Title 1, and shall state the grounds for the
demand.



8484.  A petition for a release order shall be verified and shall
allege all of the following:
   (a) The date of recordation of the claim of lien. A certified copy
of the claim of lien shall be attached to the petition.
   (b) The county in which the claim of lien is recorded.
   (c) The book and page or series number of the place in the
official records where the claim of lien is recorded.
   (d) The legal description of the property subject to the claim of
lien.
   (e) Whether an extension of credit has been granted under Section
8460, if so to what date, and that the time for commencement of an
action to enforce the lien has expired.
   (f) That the owner has given the claimant notice under Section
8482 demanding that the claimant execute and record a release of the
lien and that the claimant is unable or unwilling to do so or cannot
with reasonable diligence be found.
   (g) Whether an action to enforce the lien is pending.
   (h) Whether the owner of the property or interest in the property
has filed for relief in bankruptcy or there is another restraint that
prevents the claimant from commencing an action to enforce the lien.




8486.  (a) On the filing of a petition for a release order, the
clerk shall set a hearing date. The date shall be not more than 30
days after the filing of the petition. The court may continue the
hearing only on a showing of good cause, but in any event the court
shall rule and make any necessary orders on the petition not later
than 60 days after the filing of the petition.
   (b) The petitioner shall 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.
   (c) Notwithstanding Section 8116, when service is made by mail,
service is complete on the fifth day following deposit of the
petition and notice in the mail.


8488.  (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.


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State Codes and Statutes

Statutes > California > Civ > 8480-8488

CIVIL CODE
SECTION 8480-8488 



8480.  (a) 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.
   (b) This article does not bar any other cause of action or claim
for relief by the owner of the property. A release order does not bar
any other cause of action or claim for relief by the claimant, other
than an action to enforce the claim of lien that is the subject of
the release order.
   (c) A petition for a release order under this article may be
joined with a pending action to enforce the claim of lien that is the
subject of the petition. No other action or claim for relief may be
joined with a petition under this article.
   (d) Notwithstanding Section 8056, Chapter 2.5 (commencing with
Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure
does not apply to a proceeding under this article.



8482.  An owner of property may not petition the court for a release
order under this article unless at least 10 days before filing the
petition the owner gives the claimant notice demanding that the
claimant execute and record a release of the claim of lien. The
notice shall comply with the requirements of Chapter 2 (commencing
with Section 8100) of Title 1, and shall state the grounds for the
demand.



8484.  A petition for a release order shall be verified and shall
allege all of the following:
   (a) The date of recordation of the claim of lien. A certified copy
of the claim of lien shall be attached to the petition.
   (b) The county in which the claim of lien is recorded.
   (c) The book and page or series number of the place in the
official records where the claim of lien is recorded.
   (d) The legal description of the property subject to the claim of
lien.
   (e) Whether an extension of credit has been granted under Section
8460, if so to what date, and that the time for commencement of an
action to enforce the lien has expired.
   (f) That the owner has given the claimant notice under Section
8482 demanding that the claimant execute and record a release of the
lien and that the claimant is unable or unwilling to do so or cannot
with reasonable diligence be found.
   (g) Whether an action to enforce the lien is pending.
   (h) Whether the owner of the property or interest in the property
has filed for relief in bankruptcy or there is another restraint that
prevents the claimant from commencing an action to enforce the lien.




8486.  (a) On the filing of a petition for a release order, the
clerk shall set a hearing date. The date shall be not more than 30
days after the filing of the petition. The court may continue the
hearing only on a showing of good cause, but in any event the court
shall rule and make any necessary orders on the petition not later
than 60 days after the filing of the petition.
   (b) The petitioner shall 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.
   (c) Notwithstanding Section 8116, when service is made by mail,
service is complete on the fifth day following deposit of the
petition and notice in the mail.


8488.  (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.


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