Legal Question in Construction Law in California

Re: Malicious Mechanics Lien

The Civil Code permits you to legally obtain a release by filing a petition in Superior Court. The Court can award you up to $2000 in attorneys' fees for doing so.

Once the release is obtained, you will obtain a certified copy of the court Order and then record it. This should be sufficient to release the lien and satisfy any title insurer.

Re: Malicious Mechanics Lien

Although the law states that mechanic's liens automatically expire after 90 days if no lawsuit is filed, this often not enough to get title insurance. Therefore, the Civil Code provides an expedited procedure that allows you to petition the court for an order releasing the lien. The court must schedule the hearing within 30 days of filing the petition.

The law allows the court to order the contactor to reimburse you for up to $2000 in legal fees plus court costs. The Contractors State License Board can suspend the contractor's license if the contractor fails to pay the judgment.

I've helped several clients with this procedure. Feel free to contact my office if you need further assistance. If you email me privately, I can directly to a blog article on my website about this very topic. After reading the article, you can then decide if you can handle it yourself or if you want to retain an attorney.