Case Number: VC065398??? Hearing Date: July 05, 2016??? Dept: SEC
J&C JUNG CORP. v. KIM
CASE NO.: VC065398
HEARING: 07/05/16
#4
TENTATIVE ORDER
Cross-complainant LISA KIM?s motion for release of mechanic?s lien is DENIED WITHOUT PREJUDICE. C.C. ?8460 et seq.
Plaintiff/cross-defendant J&C JUNG CORPORATION initiated this action, alleging both contract and tort claims against defendant Kim. Kim filed a cross-complaint, which includes a cause of action for release of mechanic?s lien.
Cross-complainant filed a separate motion seeking release of the mechanic?s lien (recorded December 1, 2015). Motion, Exh. A. Although the Code contemplates a ?verified petition,? the subject motion may be treated as such.
The motion is accompanied by the declaration of cross-complainant Kim, which sets forth the facts required under the statute. C.C. ? 8484. It is also accompanied by a copy of the Mechanic?s Lien. Exhibit B is a letter to J&C indicating that its time to enforce the lien had expired. The correspondence does not satisfy the notice requirement. C.C. ?8482. The notice and demand for a release of the claim is governed by section 8100 et seq. Id. The subject letter does not contain the necessary information, nor was it served in accordance with section 8106. C.C. ? 8102.
Although the motion is unopposed, it must be denied for the reasons set forth above.