BILL NUMBER: AB 846	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gallagher

                        FEBRUARY 26, 2015

   An act to amend Section 8462 of the Civil Code, relating to liens.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 8462 of the Civil Code is amended to read:
   8462.  Notwithstanding Section 583.420 of the Code of Civil
 Procedure, if   Procedure: 
      (a)     If  an action to
enforce a lien is not brought to trial within two years after
commencement of the action, the court may in its discretion dismiss
the action for want of prosecution. 
   (b) If service on an action to enforce a lien is not made within
six months after commencement of the action, the court may in its
discretion dismiss the action for want of prosecution.