CHAPTER 4. Mechanics Lien [8400. - 8494.]

Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20.

§§ 8400–8494 · 36 sections

1. ARTICLE 1. Who is Entitled to Lien §§ 8400–8404 · 3 sections

   • § 8400 A person that provides work authorized for a work of improvement, including, but not limited to, the following persons, has a lien right under this chapter:…
   • § 8402 A person that provides work authorized for a site improvement has a lien right under this chapter.
   • § 8404 Work is authorized for a work of improvement or for a site improvement in any of the following circumstances: (a) It is provided at the request of or agreed to…
2. ARTICLE 2. Conditions to Enforcing a Lien §§ 8410–8424 · 6 sections

   • § 8410 A claimant may enforce a lien only if the claimant has given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200) and made…
   • § 8412 A direct contractor may not enforce a lien unless the contractor records a claim of lien after the contractor completes the direct contract, and before the…
   • § 8414 A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times: (a) After the claimant…
   • § 8416 (a) A claim of mechanics lien shall be a written statement, signed and verified by the claimant, containing all of the following: (1) A statement of the…
   • § 8422 (a) Except as provided in subdivisions (b) and (c), erroneous information contained in a claim of lien relating to the claimant’s demand, credits and offsets…
   • § 8424 (a) An owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor…
3. ARTICLE 3. Amount of Lien §§ 8430–8434 · 3 sections

   • § 8430 (a) The lien is a direct lien for the lesser of the following amounts: (1) The reasonable value of the work provided by the claimant. (2) The price agreed to…
   • § 8432 (a) A lien does not extend to work, whether or not the work is authorized by a direct contractor or subcontractor, if the work is not included in a direct…
   • § 8434 A direct contractor or a subcontractor may enforce a lien only for the amount due pursuant to that contractor’s contract after deducting all lien claims of…
4. ARTICLE 4. Property Subject to Lien §§ 8440–8448 · 5 sections

   • § 8440 Subject to Section 8442, a lien attaches to the work of improvement and to the real property on which the work of improvement is situated, including as much…
   • § 8442 The following interests in real property to which a lien attaches are subject to the lien: (a) The interest of a person that contracted for the work of…
   • § 8444 (a) An owner of real property or a person claiming an interest in real property on which a work of improvement is situated that did not contract for the work…
   • § 8446 A claimant may record one claim of lien on two or more works of improvement, subject to the following conditions: (a) The works of improvement have or are…
   • § 8448 (a) As used in this section, “separate residential unit” means one residential structure, including a residential structure containing multiple condominium…
5. ARTICLE 5. Priorities §§ 8450–8458 · 5 sections

   • § 8450 (a) A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or other encumbrance on the…
   • § 8452 A mortgage or deed of trust, otherwise subordinate to a lien under Section 8450, has priority over a lien for work provided after recordation of a payment bond…
   • § 8454 If a site improvement is provided for in a direct contract separate from the direct contract for the remainder of the work of improvement, the site improvement…
   • § 8456 (a) This section applies to a construction loan secured by a mortgage or deed of trust that has priority over a lien under this chapter. (b) An optional…
   • § 8458 (a) Except as provided in subdivision (b), a lien provided for in Section 8402 has priority over: (1) A mortgage, deed of trust, or other encumbrance that…
6. ARTICLE 6. Enforcement of Lien §§ 8460–8470 · 7 sections

   • § 8460 (a) The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action…
   • § 8461 After commencement of an action to enforce a lien, the plaintiff shall record in the office of the county recorder of the county, or of the several counties in…
   • § 8462 Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce a lien is not brought to trial within two years after commencement of…
   • § 8464 In addition to any other costs allowed by law, the court in an action to enforce a lien shall allow as costs to each claimant whose lien is established the…
   • § 8466 If there is a deficiency of proceeds from the sale of property on a judgment for enforcement of a lien, a deficiency judgment may be entered against a party…
   • § 8468 (a) This chapter does not affect any of the following rights of a claimant: (1) The right to maintain a personal action to recover a debt against the person…
   • § 8470 In an action to enforce a lien for work provided to a contractor: (a) The contractor shall defend the action at the contractor’s own expense. During the…
7. ARTICLE 7. Release Order §§ 8480–8488 · 5 sections

   • § 8480 (a) The 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…
   • § 8482 An owner of property may not petition the court for a release order under this article unless at least 10 days before filing the petition the owner gives the…
   • § 8484 A petition for a release order shall be verified and shall allege all of the following: (a) The date of recordation of the claim of lien. A certified copy of…
   • § 8486 (a) On the filing of a petition for a release order, the clerk shall set a hearing date. The date shall be not more than 30 days after the filing of the…
   • § 8488 (a) At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed…
8. ARTICLE 8. Removal of Claim of Lien from Record §§ 8490–8494 · 2 sections

   • § 8490 (a) A court order dismissing a cause of action to enforce a lien or releasing property from a claim of lien, or a judgment that no lien exists, shall include…
   • § 8494 If a claim of lien expires and is unenforceable under Section 8460, or if a court order or judgment is recorded under Section 8490, the claim of lien does not…