This case was last updated from Los Angeles County Superior Courts on 07/07/2020 at 03:10:30 (UTC).

SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST VS DAVE BISCHOF

Case Summary

On 07/26/2019 SANDY M HUNTER, AS A TRUSTEE OF THE ELEANOR A MOLLER AND DIANA E MOLLER TRUST filed an Other lawsuit against DAVE BISCHOF. 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:

    *******3187

  • Filing Date:

    07/26/2019

  • 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

Petitioner

SANDY M. HUNTER AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST

Respondent

BISCHOF DAVE

Attorney/Law Firm Details

Petitioner Attorney

TARAN DAVID A.

 

Court Documents

Notice (name extension) - Notice OF ENTRY OF ORDER GRANTING SANDY M. HUNTERS PETITION TO RELEASE MECHANICS LIEN

6/16/2020: Notice (name extension) - Notice OF ENTRY OF ORDER GRANTING SANDY M. HUNTERS PETITION TO RELEASE MECHANICS LIEN

Notice (name extension) - Notice of Recordation of Release of Mechanic's Lien

6/18/2020: Notice (name extension) - Notice of Recordation of Release of Mechanic's Lien

Order (name extension) - Order [Proposed] Order Granting Sandy M. Hunter's Petition To Release Mechanic's Lien Hearing

2/6/2020: Order (name extension) - Order [Proposed] Order Granting Sandy M. Hunter's Petition To Release Mechanic's Lien Hearing

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

2/24/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Minute Order - Minute Order (Hearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR A...)

2/3/2020: Minute Order - Minute Order (Hearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR A...)

Notice of Ruling - Notice of Ruling

2/3/2020: Notice of Ruling - Notice of Ruling

Notice of Hearing on Petition - Notice of Hearing on Petition

12/2/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Minute Order - Minute Order (Hearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR A...)

12/2/2019: Minute Order - Minute Order (Hearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR A...)

Proof of Service by Mail - Proof of Service by Mail

12/2/2019: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

8/13/2019: Proof of Service by Mail - Proof of Service by Mail

First Amended Standing Order - First Amended Standing Order

7/26/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

7/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

7/26/2019: Summons - Summons on Petition

Petition (name extension) - Petition SANDY M. HUNTER'S VERIFIED PETITION FOR AN ORDER TO RELEASE MECHANIC'S LIEN; DECLARATION OF ROBERT S. OH

7/26/2019: Petition (name extension) - Petition SANDY M. HUNTER'S VERIFIED PETITION FOR AN ORDER TO RELEASE MECHANIC'S LIEN; DECLARATION OF ROBERT S. OH

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

7/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

7/26/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

4 More Documents Available

 

Docket Entries

  • 06/18/2020
  • DocketNotice of Recordation of Release of Mechanic's Lien; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent)

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  • 06/16/2020
  • DocketNotice OF ENTRY OF ORDER GRANTING SANDY M. HUNTER?S PETITION TO RELEASE MECHANIC?S LIEN; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent)

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  • 02/24/2020
  • DocketMemorandum of Costs (Summary); Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent); Total Costs: 466.00

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  • 02/03/2020
  • DocketNotice of Ruling; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner)

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  • 02/03/2020
  • DocketMinute Order (Hearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR A...)

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  • 02/03/2020
  • DocketHearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR AN ORDER TO RELEASE MECHANIC'S LIEN; DECLARATION OF ROBERT S. OH scheduled for 02/03/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/03/2020; Result Type to Held - Motion Granted

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  • 12/03/2019
  • DocketHearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR AN ORDER TO RELEASE MECHANIC'S LIEN; DECLARATION OF ROBERT S. OH scheduled for 02/03/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/03/2019
  • DocketOn the Court's own motion, Hearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR AN ORDER TO RELEASE MECHANIC'S LIEN; DECLARATION OF ROBERT S. OH scheduled for 12/02/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 02/03/2020 10:30 AM

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  • 12/02/2019
  • DocketProof of Service by Mail; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent)

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  • 12/02/2019
  • DocketNotice of Hearing on Petition; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner)

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  • 12/02/2019
  • DocketMinute Order (Hearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR A...)

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  • 08/13/2019
  • DocketProof of Service by Mail; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent)

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  • 07/30/2019
  • DocketHearing on Petition SANDY M. HUNTER'S VERIFIED PETITION FOR AN ORDER TO RELEASE MECHANIC'S LIEN; DECLARATION OF ROBERT S. OH scheduled for 12/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/30/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/26/2019
  • DocketPetition SANDY M. HUNTER'S VERIFIED PETITION FOR AN ORDER TO RELEASE MECHANIC'S LIEN; DECLARATION OF ROBERT S. OH; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent)

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  • 07/26/2019
  • DocketSummons on Petition; Issued and Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent)

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  • 07/26/2019
  • DocketCivil Case Cover Sheet; Filed by: SANDY M. HUNTER, AS A TRUSTEE OF THE ELEANOR A. MOLLER AND DIANA E. MOLLER TRUST (Petitioner); As to: DAVE BISCHOF (Respondent)

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  • 07/26/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP03187    Hearing Date: February 03, 2020    Dept: 25

PETITION TO RELEASE MECHANIC’S LIEN

(Civ. Code § 8480, et seq.)

TENTATIVE RULING:

Petitioner Sandy M. Hunter’s Petition to Release Mechanic’s Lien is GRANTED.

I. Background

On May 28, 2019, Respondent Dave Bischof (“Respondent”) filed the subject mechanic’s lien pursuant to alleged plumbing services provided for real property owned by Petitioner Sandy Hunter, as Trustee of the Eleanor A. Moller and Diana E. Moller Trust (“Petitioner”). (Pet., p 2., Exh. A.) On July 26, Petitioner filed a Petition for Order to Release Mechanic’s Lien (the “Petition”).

On December 2, 2019, the Court found that Petitioner had complied with the pre-filing notice and demand requirements, that Petitioner had timely served a written demand on Respondent to remove the subject mechanic’s lien, that the Petition was filed 10 or more days after the demand was made, and that Petitioner had satisfied the requirements of Civil Code section 8484. (12/2/19 Minute Order.) The Court noted, however, that Petitioner’s proof of service filed on August 13, 2019 indicated only that Respondent had been served with the Summons, Petition, and Civil Cover Sheet, but not with the Notice of Petition as required by Civil Code section 8486, subdivision (b). (Id.) Accordingly, Petitioner was ordered to file supplemental papers demonstrating compliance with service requirements and warned that failure to comply with the Court’s orders could result in the petition being placed off calendar or denied. (Id.)

II. Legal Standard & Discussion

Having previously found that all other requirements for the Petition have been satisfied, the Court addresses only the service requirement.

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.” (Civ. Code § 8486, subd. (b).) The Petitioner bears the burden of proving he complied with service and date for hearing requirements. (Civ. Code. § 8488, subd. (a).)

On December 2, 2019, Petitioner filed a Notice of Petition Hearing (the “Notice”) which indicated that the hearing on the Petition was continued to February 3, 2020 at 10:30 a.m. (12/2/19 Proof of Service.) The Notice includes a proof of service stating it was served on Respondent via certified mail, return receipt requested. (Id.) That same day, Petitioner also filed an amended proof of service indicating the Summons, Complaint, Civil Case Cover Sheet, and Notice of Hearing on Petition were served on Respondent on August 13, 2019 by certified mail. (12/2/19 Amended Proof of Service.)

The Court finds that Petitioner’s supplemental papers demonstrate compliance with the service requirements for this Petition. Accordingly, this unopposed Petition is GRANTED.

III. Conclusion & Order

For the foregoing reasons, Petitioner Sandy M. Hunter’s Petition to Release Mechanic’s Lien is GRANTED.

Moving party is ordered to give notice.

Case Number: 19STCP03187    Hearing Date: December 02, 2019    Dept: 94

The Eleanor A. Moller and Diane E. Moller Trust v. Bischof, et al.

RELEASE OF MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

IF PETITIONER FILES AN AMENDED PROOF OF SERVICE DEMONSTRATING PROPER SERVICE OF THE NOTICE OF HEARING ON RESPONDENT PRIOR TO THE HEARING AND PRESENTS PROOF OF THE SAME IN COURT ON DECEMBER 2, 2019, THE PETITION IS GRANTED.

OTHERWISE, THE HEARING ON THE PETITION TO RELEASE MECHANIC’S LIEN IS CONTINUED TO FEBRUARY 3, 2020 AT 10:30 AM IN DEPARTMENT 94 TO ALLOW PETITIONER TO FILE SUPPLEMENTAL PAPERS DEMONSTRATING COMPLIANCE WITH THE SERVICE REQUIREMENTS.

ANALYSIS:

Petitioner Sandy M. Hunter, as Trustee of the Eleanor A. Moller and Diane E. Moller Trust (“Petitioner”) filed the instant Petition for Release of Mechanic’s Lien against Respondent Dave Bischof (“Respondent”) on July 26, 2019. The Court set the Petition for hearing on December 2, 2019. On August 13, 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.

Petitioner has properly complied with the pre-filing notice and demand requirement. (Petition, ¶7; Exh. B.) Petitioner timely served a written demand to remove the lien on January 28, 2019 and February 6, 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.

However, there is no proof of service of the Notice of Hearing on Respondent, as required by Civil Code section 8486, subdivision (b). The proof of service filed on August 13, 2019 indicates only that Respondent was served with the Summons, Petition and Civil Cover Sheet. (Proof of Service, filed 8/13/19, ¶2.) Petitioner bears the burden of proof on this issue. (See Civ. Code, § 8488, subd. (a).)

UNLESS PETITIONER FILES AN AMENDED PROOF OF SERVICE DEMONSTRATING PROPER SERVICE OF THE NOTICE OF HEARING ON RESPONDENT PRIOR TO THE HEARING, THE HEARING ON THE PETITION TO RELEASE MECHANIC’S LIEN IS CONTINUED TO FEBRUARY 3, 2020 AT 10:30 AM IN DEPARTMENT 94 TO ALLOW PETITIONER TO FILE SUPPLEMENTAL PAPERS DEMONSTRATING COMPLIANCE WITH THE SERVICE REQUIREMENTS. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Court clerk to give notice.