BILL NUMBER: AB 846	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2015

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 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 if  a plaintiff does
not make a good faith effort to effect  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:
   (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  a plaintiff does not make a good faith effort to
effect  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.