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AB-1339 Mechanics liens: attachment date.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
AB1339:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1339


Introduced by Assembly Members Gabriel and Chiu
(Principal coauthor: Senator Wiener)

February 22, 2019


An act to amend Section 8450 of the Civil Code, relating to mechanics liens.


LEGISLATIVE COUNSEL'S DIGEST


AB 1339, as introduced, Gabriel. Mechanics liens: attachment date.
The California Constitution provides that mechanics, persons furnishing materials, artisans, and laborers of every class have a lien upon the property upon which they have bestowed labor or furnished material for the value of the labor done and material furnished. The California Constitution also requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing statutory law governs private works of improvement and specifies the conditions required to enforce a mechanic’s lien. Existing law provides that an associated lien has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated that attaches after commencement of the work of improvement on the property or was unrecorded at the commencement of work and which the claimant had no notice of.
This bill would instead provide that an associated lien has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that attaches after the date of commencement of the work of improvement.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8450 of the Civil Code is amended to read:

8450.
 (a) A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, situated that (1) attaches after commencement of the work of improvement or (2) was unrecorded at the commencement of the work of improvement and of which the claimant had no notice. the date of commencement of the work of improvement.
(b) Subdivision (a) is subject to the exception provided for in Section 8452.