This case was last updated from Los Angeles County Superior Courts on 09/29/2020 at 08:28:42 (UTC).

NEW CENTURY INTERNATIONAL, A CALIFORNIA CORPORATION VS SOUTHWEST HEATING & AIR CONDITIONING , INC. , A CALIFORNIA CORPORATION

Case Summary

On 11/12/2019 NEW CENTURY INTERNATIONAL, A CALIFORNIA CORPORATION filed an Other lawsuit against SOUTHWEST HEATING AIR CONDITIONING , INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4843

  • Filing Date:

    11/12/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

NEW CENTURY INTERNATIONAL A CALIFORNIA CORPORATION

Respondent

SOUTHWEST HEATING & AIR CONDITIONING INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Petitioner Attorney

PRINCE DAVID L.

 

Court Documents

Notice of Motion - Notice of Motion

7/30/2020: Notice of Motion - Notice of Motion

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

7/24/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Notice of Ruling - Notice of Ruling

7/16/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Petition FOR RELEASE OF PROPERTY FROM LIEN)

7/13/2020: Minute Order - Minute Order (Hearing on Petition FOR RELEASE OF PROPERTY FROM LIEN)

Order (name extension) - Order RELEASING LIEN [Cal . Civil Code 8490]

7/13/2020: Order (name extension) - Order RELEASING LIEN [Cal . Civil Code 8490]

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continued Hearing on Petition for Release of Property from Lien

3/27/2020: Notice (name extension) - Notice of Continued Hearing on Petition for Release of Property from Lien

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

12/3/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice of Hearing on Petition - Notice of Hearing on Petition

11/13/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Notice of Hearing on Petition - Notice of Hearing on Petition

11/12/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

11/12/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition FOR RELEASE OF PROPERTY FROM LIEN

11/12/2019: Petition (name extension) - Petition FOR RELEASE OF PROPERTY FROM LIEN

First Amended Standing Order - First Amended Standing Order

11/12/2019: First Amended Standing Order - First Amended Standing Order

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

11/12/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 07/30/2020
  • DocketNotice of Motion; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner)

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  • 07/24/2020
  • DocketMemorandum of Costs (Summary); Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner); As to: SOUTHWEST HEATING & AIR CONDITIONING , INC. , a California corporation (Respondent); Total Costs: 973.06

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  • 07/16/2020
  • DocketNotice of Ruling; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner)

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  • 07/13/2020
  • DocketOrder RELEASING LIEN [Cal . Civil Code 8490]; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner); As to: SOUTHWEST HEATING & AIR CONDITIONING , INC. , a California corporation (Respondent)

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  • 07/13/2020
  • DocketUpdated -- Order RELEASING LIEN [Cal . Civil Code 8490]: Status changed from Filed to Signed and Filed

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  • 07/13/2020
  • DocketMinute Order (Hearing on Petition FOR RELEASE OF PROPERTY FROM LIEN)

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  • 07/13/2020
  • DocketHearing on Petition FOR RELEASE OF PROPERTY FROM LIEN scheduled for 07/13/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/13/2020; Result Type to Held - Motion Granted

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  • 04/15/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/15/2020
  • DocketReset - Court Unavailable, Hearing on Petition FOR RELEASE OF PROPERTY FROM LIEN scheduled for 04/30/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/13/2020 09:30 AM

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  • 03/27/2020
  • DocketNotice of Continued Hearing on Petition for Release of Property from Lien; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner); As to: SOUTHWEST HEATING & AIR CONDITIONING , INC. , a California corporation (Respondent)

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1 More Docket Entries
  • 03/16/2020
  • DocketOn the Court's own motion, Hearing on Petition FOR RELEASE OF PROPERTY FROM LIEN scheduled for 03/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 04/30/2020 10:30 AM

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  • 12/03/2019
  • DocketProof of Service by Substituted Service; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner); As to: SOUTHWEST HEATING & AIR CONDITIONING , INC. , a California corporation (Respondent); Proof of Mailing Date: 11/20/2019; Service Cost: 57.67; Service Cost Waived: No

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  • 11/13/2019
  • DocketHearing on Petition FOR RELEASE OF PROPERTY FROM LIEN scheduled for 03/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2019
  • DocketNotice of Hearing on Petition; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner)

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  • 11/13/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 11/12/2019
  • DocketPetition FOR RELEASE OF PROPERTY FROM LIEN; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner); As to: SOUTHWEST HEATING & AIR CONDITIONING , INC. , a California corporation (Respondent)

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  • 11/12/2019
  • DocketCivil Case Cover Sheet; Filed by: NEW CENTURY INTERNATIONAL, a California corporation (Petitioner); As to: SOUTHWEST HEATING & AIR CONDITIONING , INC. , a California corporation (Respondent)

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  • 11/12/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/12/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/12/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP04843    Hearing Date: July 13, 2020    Dept: 26

RELEASE OF MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

Petitioner New Century International’s Petition to Release Property from Mechanic’s Lien is GRANTED.

Petitioner New Century International (“Petitioner”) filed the instant Petition for Release of Mechanic’s Lien against Respondent Southwest Heating & Air Conditioning, Inc. (“Respondent”) on November 12, 2019. The Court set the Petition for hearing on March 12, 2020. On December 3, 2019, Petitioner filed proof of service of the Summons, Petition and Civil Cover Sheet.

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).)  Section 8460 further provides that “[i]f the claimant does not commence an action to enforce the lien within that time, 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.

(Civil Code, § 8484.)

Discussion

Petitioner has properly complied with the pre-filing notice and demand requirement. (Petition, ¶6; Exh. B.)  Petitioner timely served a written demand to remove the lien on October 18, 2019. (Ibid.) The instant Petition was filed 10 or more days after the demand was given to Respondent. (See Civ. Code, § 8482.) 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.

Also, Petitioner has demonstrated service of the Notice of Hearing and Petition on Respondent as required by Civil Code section 8486, subdivision (b), which requires service to “be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested . . . .” (Civ. Code, § 8486, subd. (b).) Here, Petitioner filed a proof of substitute service that indicates the Petition and Notice of Hearing were left at the office of Respondent’s agent for service on November 20, 2019. (Proof of Service, filed 12/3/19.) The papers were thereafter mailed to the same address. (Ibid.) Therefore, service of the Petition and Notice of Hearing complies with the statutory requirements.

Based on the foregoing, Petitioner New Century International’s Petition to Release Property from Mechanic’s Lien is GRANTED.

Moving party to give notice. 

Case Number: 19STCP04843    Hearing Date: March 17, 2020    Dept: 26

FOR ALL CASES ASSIGNED TO DEPARTMENT 26- BY ORDER OF THE PRESIDING JUDGE, ALL TRIALS AND MOTIONS WILL BE CONTINUED TO A NEW DATE FOR AT LEAST 30 DAYS.  THIS ORDER IS BASED ON CURRENT CONDITIONS, INCLUDING BUT NOT LIMITED TO THE SPREAD OF COVID-19, THE NEED FOR SOCIAL DISTANCING, AND A STATE OF EMERGENCY HAVING BEEN DECLARED BY GOVERNOR NEWSOM.   PARTIES CAN CALL THE COURTROOM ASSISTANT AT  (213) 310-7026 FOR MORE INFORMATION.