This case was last updated from Los Angeles County Superior Courts on 05/30/2020 at 20:03:30 (UTC).

CARMIT BACHAR VS TAMIN WAHAB

Case Summary

On 04/18/2018 CARMIT BACHAR filed a Contract - Other Contract lawsuit against TAMIN WAHAB. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9140

  • Filing Date:

    04/18/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiff

BACHAR CARMIT

Santa Monica, CA 90403

Defendants

WAHAB TAMIN

WAHAB MEZHGAN

Attorney/Law Firm Details

Defendant Attorneys

GREENSPOON MARDER LLP

401 West A Street Suite 1150

San Diego, CA 92101

HEDRICK ESQ. GABRIEL

 

Court Documents

Minute Order - MINUTE ORDER (DEFENDANTS' MOTION FOR RELEASE OF PROPERTY FROM LIEN)

11/19/2019: Minute Order - MINUTE ORDER (DEFENDANTS' MOTION FOR RELEASE OF PROPERTY FROM LIEN)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (DEFENDANTS' MOTION FOR RELEASE OF PROPERTY FROM LIEN) OF 10/30/2019

10/30/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (DEFENDANTS' MOTION FOR RELEASE OF PROPERTY FROM LIEN) OF 10/30/2019

Motion re: - MOTION RE: RELEASE PROPERTY FROM LIEN

5/2/2019: Motion re: - MOTION RE: RELEASE PROPERTY FROM LIEN

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE AUDREY LEHMAN CSR#12738/

4/25/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE AUDREY LEHMAN CSR#12738/

Minute Order - MINUTE ORDER (DEFENDANTS TAMIM WAHAB AND MEZHGAN WAHAB'S DEMURRER TO ERRONE...)

4/25/2019: Minute Order - MINUTE ORDER (DEFENDANTS TAMIM WAHAB AND MEZHGAN WAHAB'S DEMURRER TO ERRONE...)

Demurrer - without Motion to Strike

3/22/2019: Demurrer - without Motion to Strike

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore Audrey Lehman #12738

2/26/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore Audrey Lehman #12738

Other - - Other - Plaintiff's Request for Judicial Notice Pursuant to Evidence Code 451 ,452, 453, 454

3/5/2019: Other - - Other - Plaintiff's Request for Judicial Notice Pursuant to Evidence Code 451 ,452, 453, 454

Request for Entry of Default / Judgment

10/17/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

10/29/2018: Notice of Rejection Default/Clerk's Judgment

Certificate of Mailing for - Certificate of Mailing for [Notice of Case Reassignment and Order for Plaintiff to Give Notice]

11/21/2018: Certificate of Mailing for - Certificate of Mailing for [Notice of Case Reassignment and Order for Plaintiff to Give Notice]

Complaint -

4/18/2018: Complaint -

Civil Case Cover Sheet -

4/18/2018: Civil Case Cover Sheet -

Summons -

4/18/2018: Summons -

Order on Court Fee Waiver (Superior Court) -

4/18/2018: Order on Court Fee Waiver (Superior Court) -

Proof of Service by Mail -

9/14/2018: Proof of Service by Mail -

Opposition - DEFENDANTS DEMURRER

9/20/2018: Opposition - DEFENDANTS DEMURRER

Other - - Demurrer to Amended Complaint

7/13/2018: Other - - Demurrer to Amended Complaint

47 More Documents Available

 

Docket Entries

  • 01/10/2020
  • DocketJudgment; Filed by Clerk

    Read MoreRead Less
  • 01/08/2020
  • DocketJudgment (Judgment); Filed by MEZHGAN WAHAB (Defendant); TAMIN WAHAB (Defendant)

    Read MoreRead Less
  • 11/19/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion - Other (Petition for Release of Property from Lien) - Held - Motion Granted

    Read MoreRead Less
  • 11/19/2019
  • DocketMinute Order ( (Defendants' Motion for Release of Property from Lien)); Filed by Clerk

    Read MoreRead Less
  • 10/30/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion - Other (Petition for Release of Property from Lien) - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 10/30/2019
  • DocketCertificate of Mailing for ((Defendants' Motion for Release of Property from Lien) of 10/30/2019); Filed by Clerk

    Read MoreRead Less
  • 10/30/2019
  • DocketMinute Order ( (Defendants' Motion for Release of Property from Lien)); Filed by Clerk

    Read MoreRead Less
  • 10/21/2019
  • DocketRequest (for Extension of Time); Filed by CARMIT BACHAR (Plaintiff)

    Read MoreRead Less
  • 09/20/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion - Other (Petition for Release of Property from Lien) - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 09/20/2019
  • DocketCertificate of Mailing for ((Hearing on Motion - Other Petition for Release of Property fr...) of 09/20/2019); Filed by Clerk

    Read MoreRead Less
89 More Docket Entries
  • 04/27/2018
  • DocketAmended Complaint (no summons issued ); Filed by Plaintiff & Plaintiff In Pro Per

    Read MoreRead Less
  • 04/18/2018
  • DocketOrder-Court Fee Waiver (AS TO CARMIT BACHAR ); Filed by Plaintiff & Plaintiff In Pro Per

    Read MoreRead Less
  • 04/18/2018
  • DocketRequest-Waive Court Fees; Filed by Plaintiff & Plaintiff In Pro Per

    Read MoreRead Less
  • 04/18/2018
  • DocketComplaint Filed

    Read MoreRead Less
  • 04/18/2018
  • DocketCivil Case Cover Sheet; Filed by CARMIT BACHAR (Plaintiff)

    Read MoreRead Less
  • 04/18/2018
  • DocketComplaint; Filed by CARMIT BACHAR (Plaintiff)

    Read MoreRead Less
  • 04/18/2018
  • DocketSummons; Filed by Plaintiff

    Read MoreRead Less
  • 04/18/2018
  • DocketRequest to Waive Court Fees; Filed by Plaintiff

    Read MoreRead Less
  • 04/18/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by Plaintiff

    Read MoreRead Less
  • 04/18/2018
  • DocketSummons Filed; Filed by Plaintiff & Plaintiff In Pro Per

    Read MoreRead Less

Tentative Rulings

Case Number: SC129140    Hearing Date: November 19, 2019    Dept: P

 

TENTATIVE RULING

Carmit Bachar v. Tamin Wahab et al., Case No. SC129140

Motion for Release of Property from Lien

Hearing Date November 19, 2019

Background

Plaintiff Carmit Bachar owned a piece of real property between 2007 and 2015. Defendants purchased the property after plaintiff lost it to foreclosure. In February 2018, plaintiff recorded a mechanics lien for $1,033,300.00 against the property for costs she allegedly incurred making the property habitable during her period of ownership. Defendants move to have the lien released on the grounds that 1. it was untimely recorded and 2. defendants never authorized plaintiff to perform any work of improvement on the property.

Analysis

A mechanic’s lien may be recorded against a piece of real property for the value of work “provided at the request of or agreed to by the owner” and/or the owner’s authorized agent.” Cal. Civ. Code §8402. The lien must be recorded within the earlier of 90 days after completion of the work of improvement or 60 days after the owner records a notice of completion or cessation. Cal. Civ. Code §8412.

As explained above, defendants state they acquired the property in 2015, the mechanic’s lien was recorded in 2018, and they did not authorize any works of improvement during that or any other time period. Thus, they argue, the lien is untimely under §8412 and improper under §8402. Plaintiff does not meaningfully dispute these claims but states instead that the Wahabs acquired the property pursuant to fraud and a forged promissory note. Regardless of whether this allegation is true, it is irrelevant to the untimeliness of the lien or the fact that the property’s owners never authorized plaintiff to perform any work of improvement. The lien is therefore invalid.

The motion is GRANTED.