BILL NUMBER: AB 456	CHAPTERED
	BILL TEXT

	CHAPTER  673
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  SEPTEMBER 7, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2011
	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  APRIL 12, 2011
	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 15, 2011

   An act to amend Sections 3084 and 8416 of the Civil Code, relating
to mechanics liens.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 456, Wagner. Mechanics liens.
   The California Constitution gives workers the right to a mechanics
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 requires a claim of mechanics lien to be served on the
owner or reputed owner of the property in order to be valid, and
requires a proof of service affidavit to show the name of the person
upon whom the mechanics lien was served.
   This bill would clarify that the affidavit is required to show the
name of the owner or reputed owner of the property, and the title or
capacity in which the person or entity was served.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3084 of the Civil Code is amended to read:
   3084.  (a) "Claim of lien" or "mechanics lien" means a written
statement, signed and verified by the claimant or by the claimant's
agent, containing all of the following:
   (1) A statement of the claimant's demand after deducting all just
credits and offsets.
   (2) The name of the owner or reputed owner, if known.
   (3) A general statement of the kind of labor, services, equipment,
or materials furnished by the claimant.
   (4) The name of the person by whom the claimant was employed or to
whom the claimant furnished the labor, services, equipment, or
materials.
   (5) A description of the site sufficient for identification.
   (6) A proof of service affidavit completed and signed by the
person serving the Notice of Mechanics Lien pursuant to subdivision
(c). A "proof of service affidavit" is an affidavit of the person
making the service, showing the date, place, and manner of service
and facts showing that the service was made in accordance with this
section. The affidavit shall show the name and address of the owner
or reputed owner upon whom a copy of the mechanics lien and the
Notice of Mechanics Lien was served pursuant to paragraphs (1) or (2)
of subdivision (c), and the title or capacity in which the person or
entity was served.
   (7) The following statement, printed in at least 10-point boldface
type. The letters of the last sentence shall be printed in uppercase
type, excepting the Internet Web site address of the Contractors'
State License Board, which shall be printed in lowercase type:
""NOTICE OF MECHANICS LIEN
ATTENTION!


   Upon the recording of the enclosed MECHANICS LIEN with the county
recorder's office of the county where the property is located, your
property is subject to the filing of a legal action seeking a
court-ordered foreclosure sale of the real property on which the lien
has been recorded. That legal action must be filed with the court no
later than 90 days after the date the mechanics lien is recorded.
   The party identified in the mechanics lien may have provided labor
or materials for improvements to your property and may not have been
paid for these items. You are receiving this notice because it is a
required step in filing a mechanics lien foreclosure action against
your property. The foreclosure action will seek a sale of your
property in order to pay for unpaid labor, materials, or improvements
provided to your property. This may affect your ability to borrow
against, refinance, or sell the property until the mechanics lien is
released.
   BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK WITH
YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR MORE
INFORMATION ON MECHANICS LIENS GO TO THE CONTRACTORS' STATE LICENSE
BOARD WEB SITE AT www.cslb.ca.gov."

   (b) A mechanics lien or claim of lien in otherwise proper form,
verified and containing the information required by this section,
shall be accepted by the recorder for recording and shall be deemed
duly recorded without acknowledgment.
   (c) (1) The mechanics lien and the Notice of Mechanics Lien
described in this section shall be served on the owner or reputed
owner. Service shall be made as follows:
   (A) For an owner or reputed owner to be notified who resides in or
outside this state, by registered mail, certified mail, or
first-class mail, evidenced by a certificate of mailing, postage
prepaid, addressed to the owner or reputed owner at the owner's or
reputed owner's residence or place of business address or at the
address shown by the building permit on file with the authority
issuing a building permit for the work, or as otherwise provided in
subdivision (j) of Section 3097.
   (B) If the owner or reputed owner cannot be served by this method,
then the notice may be given by registered mail, certified mail, or
first-class mail, evidenced by a certificate of mailing, postage
prepaid, addressed to the construction lender or to the original
contractor.
   (2) Service by registered mail, certified mail, or first-class
mail, evidenced by a certificate of mailing, postage prepaid, is
complete at the time of the deposit of that first-class certified or
registered mail.
   (d) Failure to serve the mechanics lien, including the Notice of
Mechanics Lien, as prescribed by this section, shall cause the
mechanics lien to be unenforceable as a matter of law.
  SEC. 2.  Section 8416 of the Civil Code is amended to read:
   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 claimant's demand after deducting all just
credits and offsets.
   (2) The name of the owner or reputed owner, if known.
   (3) A general statement of the kind of work furnished by the
claimant.
   (4) The name of the person by whom the claimant was employed or to
whom the claimant furnished work.
   (5) A description of the site sufficient for identification.
   (6) The claimant's address.
   (7) A proof of service affidavit completed and signed by the
person serving a copy of the claim of mechanics lien pursuant to
subdivision (c). The affidavit shall show the date, place, and manner
of service, and facts showing that the service was made in
accordance with this section. The affidavit shall show the name and
address of the owner or reputed owner upon whom the copy of the claim
of mechanics lien was served pursuant to paragraphs (1) or (2) of
subdivision (c), and the title or capacity in which the person or
entity was served.
   (8) The following statement, printed in at least 10-point boldface
type. The letters of the last sentence shall be printed in uppercase
type, excepting the Internet Web site address of the Contractors'
State License Board, which shall be printed in lowercase type:

            ""NOTICE OF MECHANICS LIEN
                    ATTENTION!
  Upon the recording of the enclosed MECHANICS
LIEN with the county recorder's office of the
county where the property is located, your
property is subject to the filing of a legal
action seeking a court-ordered foreclosure sale
of the real property on which the lien has been
recorded. That legal action must be filed with
the court no later than 90 days after the date
the       mechanics lien is recorded.
  The party identified in the enclosed mechanics
lien may have provided labor or materials for
improvements to your property and may not have
been paid for these items. You are receiving
this notice because it is a required step in
filing a mechanics lien foreclosure action
against your property. The foreclosure action
will seek a sale of your property in order to
pay for unpaid labor, materials, or
improvements provided to your property. This
may affect your ability to borrow against,
refinance, or sell the property until the
mechanics lien is released.
  BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU
MAY WISH TO SPEAK WITH YOUR CONTRACTOR
IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR
MORE INFORMATION ON MECHANICS LIENS GO TO THE
CONTRACTORS' STATE LICENSE BOARD WEB SITE AT
www.cslb.ca.gov.''


   (b) A claim of mechanics lien in otherwise proper form, verified
and containing the information required in subdivision (a), shall be
accepted by the recorder for recording and shall be deemed duly
recorded without acknowledgment.
   (c) A copy of the claim of mechanics lien, which includes the
Notice of Mechanics Lien required by paragraph (8) of subdivision
(a), shall be served on the owner or reputed owner. Service shall be
made as follows:
   (1) For an owner or reputed owner to be notified who resides in or
outside this state, by registered mail, certified mail, or
first-class mail, evidenced by a certificate of mailing, postage
prepaid, addressed to the owner or reputed owner at the owner's or
reputed owner's residence or place of business address or at the
address shown by the building permit on file with the authority
issuing a building permit for the work, or as otherwise provided in
Section 8174.
   (2) If the owner or reputed owner cannot be served by this method,
then the copy of the claim of mechanics lien may be given by
registered mail, certified mail, or first-class mail, evidenced by a
certificate of mailing, postage prepaid, addressed to the
construction lender or to the original contractor.
   (d) Service of the copy of the claim of mechanics lien by
registered mail, certified mail, or first-class mail, evidenced by a
certificate of mailing, postage prepaid, is complete at the time of
the deposit of that first-class, certified, or registered mail.
   (e) Failure to serve the copy of the claim of mechanics lien as
prescribed by this section, including the Notice of Mechanics Lien
required by paragraph (8) of subdivision (a), shall cause the claim
of mechanics lien to be unenforceable as a matter of law.