UNLIMTED CONCEPTS & DEVELOPMENT INC. VS CHRIST KOUTROUMBIS, ET AL.

Tentative Rulings

Case Number: 20STCP01446    Hearing Date: December 22, 2020    Dept: 26

Unlimited Concepts & Development, Inc. v. Koutroumbis, et al.

RELEASE OF MECHANIC’S LIEN

(Civil Code § 8480)

TENTATIVE RULING:

DEFENDANT 821 PEARL INVESTMENTS, LLC’S PETITION TO RELEASE PROPERTY FROM MECHANIC’S LIEN IS CONTINUED TO FEBRUARY 23, 2021 AT ____ A.M. IN DEPT. 26 IN THE SPRING STREET COURTHOUSE.

OSC RE STATUS OF PLAINTIFF’S REPRESENTATION SET FOR FEBRUARY 23, 2021 AT ____ A.M. IN DEPT. 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Unlimited Concepts & Development, Inc. (“Plaintiff”) filed the instant action for breach of contract and foreclosure of mechanic’s lien against Defendants Christ Koutroumbis and 821 Pearl Investments, LLC (“Defendants”) on April 21, 2020.

On November 12, 2020, Defendant 821 Pearl Investments filed a Notice of Hearing on Motion to Release Property from Claim of Mechanic’s Lien, which the Court scheduled for December 22, 2020. The Motion papers were not filed at that time. On December 16, 2020, Defendant 821 Pearl Investments filed the instant Petition for Release of Mechanic’s Lien.

Discussion

Defendant 821 Pearl Investments has properly complied with the pre-filing notice and demand requirements. It timely served a written demand to remove the lien on May 1, 2020. (Pet., Exh. 1.) The instant Petition was filed 10 or more days after the demand was given to Respondent. (See Civ. Code, § 8482.) However, Defendant 821 Pearl Investments has not 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, the Petition and Notice of Hearing were only served by electronic mail. (Notice of Hearing, filed 11/12/20; Proof of Service, filed 12/16/19.) Therefore, service of the Petition and Notice of Hearing does not comply with the statutory requirements.

Finally, the Court notes that the Complaint was not filed by a state-licensed attorney and is improper under the law. Since the passage of the State Bar Act in 1927, persons may represent their own interests in legal proceedings, but may not represent the interests of another unless they are active members of the State Bar. (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621.) An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101) (corporation); Albion River Watershed Protection Ass’n v. Department of Forestry & Fire Protection (1993) 20 Cal. App. 4th 34, 37 (unincorporated association); Aulisio v. Bancroft (2014) 230 Cal. App. 4th 1518, 1519-20 (trustee for trust).)

Therefore, on its own motion, the court sets an OSC re Status of Plaintiff’s Representation

for February 23, 2021 at ____ a.m. in Dept. 26 in the Spring Street Courthouse for Plaintiff to advise the Court as to the status of its representation by counsel. As a corporation, Plaintiff may not represent itself in this litigation and may only appear through counsel. The continued failure of the Plaintiff to obtain counsel may result in the striking of the Complaint at a future hearing.

Conclusion

Based on the foregoing, Defendant 821 Pearl Investments, LLC’s Petition to Release Property from Mechanic’s Lien is CONTINUED TO FEBRUARY 23, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE HEARING, MOVING PARTY IS TO DEMONSTRATE PROPER SERVICE OF THE PETITION AND NOTICE OF HEARING. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

OSC RE STATUS OF PLAINTIFF’S REPRESENTATION IS ALSO SET FOR FEBRUARY 23, 2021 AT ____ A.M. IN DEPT. 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.