AB 846, as introduced, Gallagher. Mechanic’s lien: discretionary dismissal.
The California Constitution grants 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 authorizes a court to dismiss an action to enforce a mechanic’s lien for want of prosecution if it is not brought to trial within 2 years after commencement of the action.
This bill would authorize a court to dismiss an action to enforce a mechanic’s lien for want of prosecution if service is not made within 6 months after commencement of the action.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8462 of the Civil Code is amended to
2read:
Notwithstanding Section 583.420 of the Code of Civil
4begin delete Procedure, ifend deletebegin insert Procedure:end insert
begin insert end insert
P2 1begin insert(a)end insertbegin insert end insertbegin insertIfend insert an action to enforce a lien is not brought to trial within
2two years after commencement of the action, the court may in its
3discretion dismiss the action for want of prosecution.
4(b) If service on an action to enforce a lien is not made within
5six months after commencement of the action, the court may in its
6discretion dismiss the action for want of prosecution.
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