BILL NUMBER: SB 424	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        FEBRUARY 16, 2011

   An act to add Section 8319 to the Civil Code, relating to
mechanics liens.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 424, as introduced, Rubio. Mechanics liens: design
professionals.
   The California Constitution provides that mechanics, persons
furnishing materials, artisans, and laborers of every class have a
lien upon the property upon which they have bestowed labor or
furnished material for the value of the labor done and material
furnished. The California Constitution also requires the Legislature
to provide, by law, for the speedy and efficient enforcement of those
liens.
   A design professional, on recordation of a claim of lien, has a
lien on the site, notwithstanding the absence of commencement of a
planned work of improvement, for the amount of the design
professional's fee for services provided under the contract or the
reasonable value of those services, whichever is less. A design
professional also has a right to record a mechanics lien for
providing work authorized for a work improvement, subject to
specified conditions.
   This bill would authorize a design professional to convert a
recorded design professional lien to a mechanics lien if certain
requirements are met.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 8319 is added to the Civil Code, to read:
   8319.  A design professional may convert a recorded design
professional lien to a mechanics lien if all of the following
requirements are met:
   (a) The design professional lien expires pursuant to paragraph (1)
of subdivision (b) of Section 8306.
   (b) The design professional lien remains fully or partially
unpaid.
   (c) Within 30 days of the expiration of the design professional
lien pursuant to paragraph (1) of subdivision (b) of Section 8306,
the design professional records a mechanics lien for the amount of
the unpaid design professional lien.
   (d) The recorded mechanics lien states that it is a converted
design professional lien but shall be recorded and enforced as a
mechanics lien, except the design professional need not provide a
preliminary notice to enforce the converted mechanics lien.