2017 California Code
Civil Code - CIV
DIVISION 4 - GENERAL PROVISIONS
PART 6 - WORKS OF IMPROVEMENT
TITLE 2 - PRIVATE WORKS OF IMPROVEMENT
CHAPTER 4 - Mechanics Lien
ARTICLE 7 - Release Order
Section 8488.
(a) At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed controverted by the claimant. The petitioner has the initial burden of producing evidence on those matters. The petitioner has the burden of proof as to the issue of compliance with the service and date for hearing requirements of this article. The claimant has the burden of proof as to the validity of the lien.
(b) If judgment is in favor of the petitioner, the court shall order the property released from the claim of lien.
(c) The prevailing party is entitled to reasonable attorney’s fees.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
