IMPORTANT! New for 2011 Assembly Bill 457 goes into effect... California has changed the laws regarding Mechanic's Liens by modifying California Civil Code Sections 3084 and 3146!
The mechanic's lien must be accompanied by a new NOTICE OF MECHANIC'S LIEN. Under this new CA law, the mechanic's lien and the notice of mechanic's lien must be served upon the property owner or reputed owner. The lien claimant is required to complete and sign a proof of service affidavit which is also included as part of the mechanic's lien. Under the new law, if you fail to serve the mechanic's lien including the new NOTICE OF MECHANIC'S LIEN upon the property owner (or reputed owner) as required, the mechanic's lien will be unenforceable.
Also included in the new law is the mandatory requirement that a notice of lis pendens be recorded within 20 days after filing the lawsuit to enforce the lien. We have been advising that our customers make sure this notice is recorded for the 18 years we have been in business selling forms. Now it is a mandatory requirement. The attorney who will be filing the lawsuit, if the mechanic's lien process goes this far, should be familiar with this requirement.