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Re there both judicial mechanics liens and non judicial mechanice liens in the state of California, if so what is the differnce: have'nt been paid

Asked 5 months ago in Construction

Jeannette’s answer: In California, for construction matters we usually just use the terms "Mechanic's Lien" or "Claim of Mechanic's Lien." Note that there are very short time periods within which you would need to have your Mechanic's Lien recorded with the county, and after that, to file a lawsuit if you have still not been paid.

Having an attorney or a service prepare, serve, and record a Mechanic's Lien for a contractor is usually not very expensive, and is well worth the cost to ensure that it is done correctly. If a lien is prepared incorrectly, or not served on the owner (and other contractors or lender, under certain circumstances) properly, you could lose your lien rights and not be able to file a lawsuit for enforcement of the lien. You could still have other remedies though, but generally none which have the security of having a lien on a piece of property.

Answered 5 months ago.

Where and how do I find out if I have a eviction court date?: Is there a way to find out if my landlord has filed paperwork in eviction court? I have received no notice of a hearing but I overheard him saying he's getting ready for the court date. When can the sheriff be called to forcibly evict me?

Asked over 1 year ago in Landlord & Tenant

Jeannette’s answer: Once the landlord files the paperwork (called a Complaint), he must have it personally served on you. Once that happens, you have five days to file and serve a response. (In some cases, the papers can be served on another adult who lives with you if you cannot be served in the first 2-3 attempts. You'll have additional time to respond.) At that point, either party can request that a trial date be set. Notice of the trial date must be given. That is usually done by regular mail.

Unlawful detainer (eviction) cases are not public record for the first 60 days, so it is not always easy to find out if a case has been filed until you are served. Some courts allow for a search by name and address, but it has to be identical to the way the landlord's Complaint was filled out, so it is not always easy.

If the landlord prevails at the trial, you would then be served with a Writ of Possession. Depending on how long it takes the landlord (or his attorney) to get the paperwork from the court, that might happen very quickly, or might take a few days or even longer. From the date you are served, you will have no less than five days to move out.

Answered over 1 year ago.

Should I insist the process server serve the designated agent or officer of a corporation, not the owner?: I'm suing in Small Claims Court for property damage, a California corporation construction company. Let's call it John A. Doe Construction, Inc. Its designated agent for service is Mary Doe (John A. Doe's wife) at a residential address. Mary Doe answers the company's phone and sends emails, and I think she's the office manager. The company has a business address and physical office in a different town than the residential address. I gave this info to a process server. He went to the office address and personally served John A. Doe, who told the process server he was the "owner." The process server tells me this is valid service on the corporation. Civil Code 416.10 to my untutored eyes does not provide for service on the owner of a corporation, only the designated agent or an officer. I don't know if John A. Doe is an officer. There's no time to get a Statement of Information to find that out before the deadline for service is reached. Should I insist the process server go back and find Mary Doe, the designated agent, to serve?

Asked over 1 year ago in Lawsuits & Disputes

Jeannette’s answer: For small claims court, this service is most likely valid. 416.10(b) allows for service on a general manager, or "a person authorized by the corporation to receive service of process." Since he identified himself as the owner, he should certainly be authorized to receive service. If the company is John A. Doe Construction, I'll take a guess that Doe is the RMO/RME of the company on its contractor's license, and most likely the president. Check the Contractors State License Board website and see what you find. This info is usually listed, and should give you leverage with the court in case Doe claims the corporation wasn't served properly. In situations where a corporation has a license and it's the husband's company, he is usually the president, and the wife usually acts as the secretary or treasurer. (Not always, but that is typically how married folks set these up.)

Answered over 1 year ago.