Bill Monning
- Democratic
Author
The California Constitution gives workers the right to a mechanic's lien for the value of labor and materials provided for the improvement of real property, and authorizes the Legislature to provide for the speedy and efficient enforcement of these liens. Existing law defines claim of lien in this regard, requiring it to contain specified information. Existing law provides that a lien claimant, after filing of the complaint to enforce the lien in the proper court, may record in the office of the county recorder where the property is located a notice of pending proceedings, and from the time of the recording a purchaser or encumbrancer of the property is deemed to have constructive notice of the pendency of the action. This bill would provide that the definition of "claim of lien" is also the definition of "mechanic's lien" and would include within this definition a Notice of Mechanic's Lien, which would contain specified information regarding the legal effect of the lien. The bill would require the mechanic's lien and the Notice of Mechanic's Lien to be served, as specified, on the owner or reputed owner of the property, or on the construction lender or the original contractor if those parties cannot be served. The bill would require a proof of service affidavit to be completed and signed by the person serving the Notice of Mechanic's Lien, and it would be included as part of the mechanic's lien or claim of lien. The bill would provide that a failure to serve the mechanic's lien, including the Notice of Mechanic's Lien, as required, would cause the mechanic's lien to be unenforceable as a matter of law. The bill would also revise the permissive provisions regarding the recording of the complaint to enforce the lien, as described above, to make them mandatory. The bill would also make correctional, style, and conforming changes.
Chaptered by Secretary of State - Chapter 109, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 1 p.m.
Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 2471.)
Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 1664.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 11 pursuant to Assembly Rule 77.
Ordered to Special Consent Calendar.
Read second time. To third reading.
Withdrawn from committee. Ordered placed on second reading file.
Read second time, amended, and re-referred to Com. on APPR.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 9).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 975.)
Read second time. To third reading.
From committee: Do pass. (Ayes 10. Noes 0.) (March 31).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 27.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB457 | HTML |
| 02/24/09 - Introduced | |
| 03/25/09 - Amended Assembly | |
| 05/11/09 - Amended Senate | |
| 06/18/09 - Amended Senate | |
| 07/15/09 - Enrolled | |
| 08/06/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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