This case was last updated from Los Angeles County Superior Courts on 06/22/2020 at 00:09:45 (UTC).

1461, LLC VS SKY READY MIX, INC.

Case Summary

On 10/15/2019 1461, LLC filed an Other lawsuit against SKY READY MIX, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9527

  • Filing Date:

    10/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

1461 LLC

Defendant

SKY READY MIX INC.

Attorney/Law Firm Details

Plaintiff Attorney

BARR COLIN E.

 

Court Documents

Notice of Ruling - Notice of Ruling

1/27/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing - Other on the Validity of the Lien)

12/16/2019: Minute Order - Minute Order (Hearing - Other on the Validity of the Lien)

Notice (name extension) - Notice OF SKY READY MIX, INC.S NON-APPEARANCE AND NON-OPPOSITION TO PETITION TO REMOVE SKY READY MIX, INC.S MECHANICS LIEN

12/9/2019: Notice (name extension) - Notice OF SKY READY MIX, INC.S NON-APPEARANCE AND NON-OPPOSITION TO PETITION TO REMOVE SKY READY MIX, INC.S MECHANICS LIEN

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/18/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice (name extension) - Notice NOTICE OF HEARING ON VALIDITY OF MECHANICS LIEN

11/18/2019: Notice (name extension) - Notice NOTICE OF HEARING ON VALIDITY OF MECHANICS LIEN

Order (name extension) - Order SPECIALLY SETTING HEARING ON VALIDITY OF MECHANICS LIEN

10/29/2019: Order (name extension) - Order SPECIALLY SETTING HEARING ON VALIDITY OF MECHANICS LIEN

Certificate of Mailing for - Certificate of Mailing for [Order SPECIALLY SETTING HEARING ON VALIDITY OF MECHANICS LIEN]

10/29/2019: Certificate of Mailing for - Certificate of Mailing for [Order SPECIALLY SETTING HEARING ON VALIDITY OF MECHANICS LIEN]

First Amended Standing Order - First Amended Standing Order

10/15/2019: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

10/15/2019: Summons - Summons on Complaint

Complaint - Complaint

10/15/2019: Complaint - Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

10/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

 

Docket Entries

  • 10/18/2022
  • Hearing10/18/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/13/2021
  • Hearing04/13/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/27/2020
  • DocketNotice of Ruling; Filed by: 1461, LLC (Plaintiff)

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  • 12/16/2019
  • DocketMinute Order (Hearing - Other on the Validity of the Lien)

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  • 12/16/2019
  • DocketHearing - Other on the Validity of the Lien scheduled for 12/16/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/16/2019; Result Type to Held - Motion Granted

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  • 12/09/2019
  • DocketNotice OF SKY READY MIX, INC.?S NON-APPEARANCE AND NON-OPPOSITION TO PETITION TO REMOVE SKY READY MIX, INC.?S MECHANIC?S LIEN; Filed by: 1461, LLC (Plaintiff); As to: Sky Ready Mix, Inc. (Defendant)

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  • 11/18/2019
  • DocketProof of Service by Substituted Service; Filed by: 1461, LLC (Plaintiff); As to: Sky Ready Mix, Inc. (Defendant); Proof of Mailing Date: 11/11/2019; Service Cost: 86.55; Service Cost Waived: No

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  • 11/18/2019
  • DocketNotice NOTICE OF HEARING ON VALIDITY OF MECHANIC?S LIEN; Filed by: 1461, LLC (Plaintiff); As to: Sky Ready Mix, Inc. (Defendant)

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  • 10/29/2019
  • DocketHearing - Other on the Validity of the Lien scheduled for 12/16/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/29/2019
  • DocketCertificate of Mailing for [Order SPECIALLY SETTING HEARING ON VALIDITY OF MECHANIC?S LIEN]; Filed by: Clerk

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  • 10/29/2019
  • DocketOrder SPECIALLY SETTING HEARING ON VALIDITY OF MECHANIC?S LIEN; Filed by: 1461, LLC (Plaintiff); As to: Sky Ready Mix, Inc. (Defendant)

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  • 10/16/2019
  • DocketNon-Jury Trial scheduled for 04/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/16/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 10/15/2019
  • DocketComplaint; Filed by: 1461, LLC (Plaintiff); As to: Sky Ready Mix, Inc. (Defendant)

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  • 10/15/2019
  • DocketSummons on Complaint; Issued and Filed by: 1461, LLC (Plaintiff); As to: Sky Ready Mix, Inc. (Defendant)

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  • 10/15/2019
  • DocketCivil Case Cover Sheet; Filed by: 1461, LLC (Plaintiff); As to: Sky Ready Mix, Inc. (Defendant)

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  • 10/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09527    Hearing Date: December 19, 2019    Dept: 94

1461, LLC v. Sky Ready Mix, Inc., et al.

RELEASE OF MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Petitioner 1461, LLC’s Petition for Release of Mechanic’s Lien is GRANTED.

ANALYSIS:

Petitioner 1461, LLC (“Petitioner”) filed the instant Petition to Determine Validity of Mechanic’s Lien against Respondent Ready Mix, Inc. (“Respondent”) on October 15, 2019. To date, no opposition has been filed.

Legal Standard

Civil Code section 8480 provides that the owner of property 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, § 8480, subd. (a).) 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.” (Civil Code, § 8460, subd. (a).) Furthermore, as a condition to enforce the lien, the claimant must have “given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200) and made proof of notice.” (Civil Code, § 8410.)

Section 8460 further provides that “[i]f the claimant does not commence an action to enforce the lien within [90 days], the claim of lien expires and is unenforceable.” (Civil Code, § 8460, subd. (a).) Section 8460 also provides that the 90-day time limit to commence an action to enforce a lien does not apply if there was an agreement to extend credit and a notice of that fact was recorded within 90 days after recordation of the claim of lien or more than 90 days after recordation of the claim of lien but before a purchaser or encumbrancer for value and in good faith acquires rights in the property. (Civil Code, § 8460, subd. (b).)

A property owner may not petition for a release order until he or she gives the claimant notice demanding that the claimant execute and record a release of lien claim at least ten days before filing the petition. (Civil Code, § 8482.) Civil Code section 8484 requires that the petition for release order be verified by the petitioner and allege 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.

Petitioner has properly complied with the pre-filing notice and demand requirement. (Petition, ¶8 and Exh. 4.) Petitioner timely served a written demand to remove the lien on September 17, 2019. (Ibid.) The instant Petition was filed 10 or more days after the demand was given to Respondent. (See Civ. Code, § 8482.) Proof of substitute service of the Petition and Notice of Hearing on Respondent was filed on November 18, 2019, as required by Civil Code section 8486, subdivision (b). Petitioner bears has met its the burden of proof on this issue by demonstrating service was accomplished on November 21, 2019, ten days after a copy of the Petition and Notice of Hearing were mailed to Respondent. (See Civ. Code, § 8488, subd. (a).)

As to the merits, the Court finds Petitioner has satisfied the requirements of Civil Code section 8484. There are no indications that an action to enforce this lien has been commenced and the 90-day time period to commence the action has expired. Petitioner has also demonstrated that a condition of enforcement, namely preliminary notice of the lien was never provided. Civil Code section 8116 allows for service of the preliminary notice by mail, but Petitioner’s undisputed evidence shows that the mailing address was incorrect. (Petition, ¶¶5-6 and Exhs. 2-3.) As the preliminary notice was mailed to the wrong address and never reached its destination, the lien is unenforceable.

Based on the foregoing, the Petition to Release Mechanic’s Lien is GRANTED.

Moving party to give notice.

Case Number: 19STLC09527    Hearing Date: December 16, 2019    Dept: 94

1461, LLC v. Sky Ready Mix, Inc., et al.

RELEASE OF MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Petitioner 1461, LLC’s Petition for Release of Mechanic’s Lien is GRANTED.

ANALYSIS:

Petitioner 1461, LLC (“Petitioner”) filed the instant Petition to Determine Validity of Mechanic’s Lien against Respondent Ready Mix, Inc. (“Respondent”) on October 15, 2019. To date, no opposition has been filed.

Legal Standard

Civil Code section 8480 provides that the owner of property 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, § 8480, subd. (a).)  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.” (Civil Code, § 8460, subd. (a).) Furthermore, as a condition to enforce the lien, the claimant must have “given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200) and made proof of notice.” (Civil Code, § 8410.)

Section 8460 further provides that “[i]f the claimant does not commence an action to enforce the lien within [90 days], the claim of lien expires and is unenforceable.” (Civil Code, § 8460, subd. (a).) Section 8460 also provides that the 90-day time limit to commence an action to enforce a lien does not apply if there was an agreement to extend credit and a notice of that fact was recorded within 90 days after recordation of the claim of lien or more than 90 days after recordation of the claim of lien but before a purchaser or encumbrancer for value and in good faith acquires rights in the property.  (Civil Code, § 8460, subd. (b).) 

A property owner may not petition for a release order until he or she gives the claimant notice demanding that the claimant execute and record a release of lien claim at least ten days before filing the petition. (Civil Code, § 8482.) Civil Code section 8484 requires that the petition for release order be verified by the petitioner and allege 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.

Petitioner has properly complied with the pre-filing notice and demand requirement. (Petition, ¶8 and Exh. 4.)  Petitioner timely served a written demand to remove the lien on September 17, 2019. (Ibid.) The instant Petition was filed 10 or more days after the demand was given to Respondent. (See Civ. Code, § 8482.) Proof of substitute service of the Petition and Notice of Hearing on Respondent was filed on November 18, 2019, as required by Civil Code section 8486, subdivision (b). Petitioner bears has met its the burden of proof on this issue by demonstrating service was accomplished on November 21, 2019, ten days after a copy of the Petition and Notice of Hearing were mailed to Respondent. (See Civ. Code, § 8488, subd. (a).)

As to the merits, the Court finds Petitioner has satisfied the requirements of Civil Code section 8484. There are no indications that an action to enforce this lien has been commenced and the 90-day time period to commence the action has expired. Petitioner has also demonstrated that a condition of enforcement, namely preliminary notice of the lien was never provided. Civil Code section 8116 allows for service of the preliminary notice by mail, but Petitioner’s undisputed evidence shows that the mailing address was incorrect. (Petition, ¶¶5-6 and Exhs. 2-3.) As the preliminary notice was mailed to the wrong address and never reached its destination, the lien is unenforceable.

Based on the foregoing, the Petition to Release Mechanic’s Lien is GRANTED.

Moving party to give notice.