AB 846, as amended, 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 ifbegin insert a plaintiff does not make a good faith effort to effectend insert servicebegin delete is not madeend delete 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
2Procedure:
3(a) If an action to enforce a lien is not brought to trial within
4two years after commencement of the action, the court may in its
5discretion dismiss the action for want of prosecution.
6(b) Ifbegin insert a plaintiff does not make a good faith effort to effectend insert
7 service on an action to enforce a lienbegin delete is not madeend delete within six months
8after commencement of the action, the court may in its discretion
9dismiss the action for want of
prosecution.
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