This case was last updated from Los Angeles County Superior Courts on 11/20/2020 at 06:07:01 (UTC).

SOHEIL DARDASHTI VS NISSIM NICK ZANNA

Case Summary

On 06/19/2020 SOHEIL DARDASHTI filed an Other lawsuit against NISSIM NICK ZANNA. 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:

    *******1952

  • Filing Date:

    06/19/2020

  • 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

DARDASHTI SOHEIL

Respondent

ZANNA NISSIM NICK DBA NICK ELECTRIC

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Release of Property from Mechanic's Lien) of 11/18/2020

11/18/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Release of Property from Mechanic's Lien) of 11/18/2020

Minute Order - Minute Order (Hearing on Petition for Release of Property from Mechanic's Lien)

11/18/2020: Minute Order - Minute Order (Hearing on Petition for Release of Property from Mechanic's Lien)

Proof of Service by Mail - Proof of Service by Mail

10/15/2020: Proof of Service by Mail - Proof of Service by Mail

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Release of Property from Mechanic's Lien) of 10/23/2020

10/23/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Release of Property from Mechanic's Lien) of 10/23/2020

Minute Order - Minute Order (Hearing on Petition for Release of Property from Mechanic's Lien)

10/23/2020: Minute Order - Minute Order (Hearing on Petition for Release of Property from Mechanic's Lien)

Civil Case Cover Sheet - Civil Case Cover Sheet

6/19/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition for Release of Property from Mechanic's Lien

6/19/2020: Petition (name extension) - Petition for Release of Property from Mechanic's Lien

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

6/19/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

6/19/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

6/19/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 11/18/2020
  • DocketMinute Order (Hearing on Petition for Release of Property from Mechanic's Lien)

    Read MoreRead Less
  • 11/18/2020
  • DocketCertificate of Mailing for (Hearing on Petition for Release of Property from Mechanic's Lien) of 11/18/2020; Filed by: Clerk

    Read MoreRead Less
  • 11/18/2020
  • DocketHearing on Petition for Release of Property from Mechanic's Lien scheduled for 11/18/2020 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/18/2020; Result Type to Held

    Read MoreRead Less
  • 10/23/2020
  • DocketMinute Order (Hearing on Petition for Release of Property from Mechanic's Lien)

    Read MoreRead Less
  • 10/23/2020
  • DocketCertificate of Mailing for (Hearing on Petition for Release of Property from Mechanic's Lien) of 10/23/2020; Filed by: Clerk

    Read MoreRead Less
  • 10/23/2020
  • DocketOn the Court's own motion, Hearing on Petition for Release of Property from Mechanic's Lien scheduled for 10/23/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/18/2020 11:00 AM

    Read MoreRead Less
  • 10/23/2020
  • DocketHearing on Petition for Release of Property from Mechanic's Lien scheduled for 11/18/2020 at 11:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 10/15/2020
  • DocketProof of Service by Mail; Filed by: Soheil Dardashti (Petitioner); As to: Nissim Nick Zanna (Respondent); After Substituted Service of Summons & Complaint ?: No

    Read MoreRead Less
  • 06/19/2020
  • DocketPetition for Release of Property from Mechanic's Lien; Filed by: Soheil Dardashti (Petitioner)

    Read MoreRead Less
  • 06/19/2020
  • DocketCivil Case Cover Sheet; Filed by: Soheil Dardashti (Petitioner)

    Read MoreRead Less
  • 06/19/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 06/19/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 06/19/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 06/19/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less
  • 06/19/2020
  • DocketHearing on Petition for Release of Property from Mechanic's Lien scheduled for 10/23/2020 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP01952    Hearing Date: October 23, 2020    Dept: 25

HEARING DATE: Fri., October 23, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Dardashti v. Zanna PET. FILED: 06-19-20

CASE NUMBER: 20STCP01952

NOTICE: OK

PROCEEDINGS: PETITION FOR RELEASE OF PROPERTY FROM MECHANIC’S LIEN

MOVING PARTY: Petitioner Soheil Dardashti

RESP. PARTY: None

PETITION TO RELEASE MECHANIC’S LIEN

(Civ. Code § 8480, et seq.)

TENTATIVE RULING:

Petitioner Soheil Dardashti’s Petition for Release from Mechanic’s Lien is CONTINUED TO NOV 18, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers correcting the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] At least 15 Days Lapsed (Civ. Code § 8486(b)) NO

[ ] Correct Manner of Service (Civ. Code § 8486(b)) NO

OPPOSITION: None filed as of October 21, 2020 [ ] Late [X] None

REPLY: None filed as of October 21, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 19, 2020, Petitioner Soheil Dardashti (“Petitioner”) filed the instant Petition for Release of Property from Mechanic’s Lien (the “Petition”) against Respondent Nissim Nick Zanna (“Respondent”). Petitioner seeks to release his property located at 12980 San Vicente Blvd., Los Angeles, CA 90049 (the “Property”) from a mechanic’s lien. (Pet., ¶ 1.)

To date, no opposition has been filed.

  1. Legal Standard

After a mechanic’s lien has been recorded, “[t]he 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.” (Civ. Code, § 8480, subd. (a).) A claimant must commence an action to enforce a lien within 90 days of recording the lien. (Civ. 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.” (Civ. 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. (Civ. Code, § 8460, subd. (b).)

  1. Discussion

A. Service Requirements

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).) Section 8108 provides addresses at which a respondent must be served, depending on the title of the person to be served. The petitioner bears the burden of proving he complied with service and date for hearing requirements. (Civ. Code. § 8488, subd. (a).)

Here, Petitioner filed a proof of service on October 15, 2020, demonstrating the Petition and notice of hearing were served via first class mail. This is not a proper method of service under Civil Code section 8486, subdivision (b).) Thus, Petitioner has not satisfied the service requirements.

B. Petition Requirements

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.

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. (Civ. Code, § 8482.)

The verified Petition alleges the date and county in which the mechanic’s lien was recorded, the legal description of the Property, that no action on the lien was ever filed, that Petitioner has not filed for relief in bankruptcy, and that no other restraint exists that prevents Respondent from foreclosing on the lien. (Pet., ¶¶ 1, 3, 4, 9.) However, the Petition is incomplete. Petitioner did not include a certified copy of the claim of lien with the Petition. (See Pet., Exh. 1.) Petitioner also did not allege the book and page or series number of the place in the official records where the claim of lien is recorded. In addition, Petitioner states that no extension of credit has been “recorded,” but does not state whether an extension has been granted. (Pet., ¶ 4.) Lastly, Petitioner did not attach a copy of the pre-filing notice and demand that was mailed to Respondent.

Thus, Petitioner has not satisfied the above requirements.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Soheil Dardashti’s Petition for Release from Mechanic’s Lien is CONTINUED TO NOV 18, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers correcting the deficiencies noted herein. Failure to do so may result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.