Legal Question in Construction Law in California
Mechanic lien
I understand that you have 90 days after filing a lien to foreclose on the lien. Is that 90 business days, or 90 calendar days?
2 Answers from Attorneys
Re: Mechanic lien
You should look up CA Civil Code 3109, et seq., especially Sections 3114 & 3115. It depends on whether the Lienholder is a general contractor.
The above advice is not intended nor shall be deemed legal advice nor does it create an attorney-client relationship. It is meant solely as a starting point for further research on this particular issue.
Re: Mechanic lien
Section 10 of the Civil Code deals with the computation of time: "The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded." Section 7 defines holidays as every Sunday and other legal holidays.
All of this means that unless a statute specifically refers to 'business days' or 'court days' -- and a few do -- every day is counted EXCEPT if the LAST DAY happens to be Sunday or a holiday, the deadline moves to the next non-Sunday, non-holiday day.
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