BILL ANALYSIS Ó
AB 456
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 456 (Wagner)
As Amended September 2, 2011
Majority vote
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|ASSEMBLY: |69-0 |(April 25, |SENATE: |35-0 |(September 7, |
| | |2011) | | |2011) |
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|COMMITTEE VOTE: |9-0 |(September 9, 2011) |RECOMMENDATION: |Concur |
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Original Committee Reference: JUD.
SUMMARY : Clarifies the procedure for mechanics liens claims.
Specifically, this bill clarifies that mechanics' lien claimants in
construction disputes shall specify in the required affidavit
indicating service of the notice of mechanics lien that the notice
was served on the owner or reputed owner of the property,
consistently with existing obligations regarding service of these
claims.
The Senate amendments delete the Assembly version of this bill and
instead amend the bill to substitute the above provisions.
AS PASSED BY THE ASSEMBLY , this bill addressed motions to stay
litigation pending arbitration of mechanics lien claims by
specifying that a party may seek a stay of litigation pending the
outcome of arbitration to which the parties agree, without any
necessity to move for an order to compel arbitration, provided that
if any party opposes the motion to stay the action on the ground
that the party objects to arbitration of the dispute, the court
shall determine whether the claim of lien or any relevant issue,
question or dispute is subject to arbitration before staying the
action.
FISCAL EFFECT : None
COMMENTS : According to the author, existing law requires that a
mechanics lien and the accompanying Proof of Service Affidavit be
served on an owner or reputed owner by registered mail, certified
AB 456
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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. The author
argues that this bill would provide clarification and consistency
to ensure that, if the owner or reputed owner is listed in the
Proof of Service Affidavit, there would not be the opportunity to
invalidate the lien based on a minor error in the name, part of the
name or title.
Supporters argue that this bill makes an important clarifying
change to existing law that, if left unchanged, could result in
mechanics liens being invalidated due to very minor errors.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0002881