The California Constitution gives 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 defines claim of lien in this regard, requiring it to contain specified information. Existing law provides that a lien claimant, after filing of the complaint to enforce the lien in the proper court, may record in the office of the county recorder where the property is located a notice of pending proceedings, and from the time of the recording a purchaser or encumbrancer of the property is deemed to have constructive notice of the pendency of the action. This bill would provide that the definition of "claim of lien" is also the definition of "mechanic's lien" and would include within this definition a Notice of Mechanic's Lien, which would contain specified information regarding the legal effect of the lien. The bill would require the mechanic's lien and the Notice of Mechanic's Lien to be served, as specified, on the owner or reputed owner of the property, or on the construction lender or the original contractor if those parties cannot be served. The bill would require a proof of service affidavit to be completed and signed by the person serving the Notice of Mechanic's Lien, and it would be included as part of the mechanic's lien or claim of lien. The bill would provide that a failure to serve the mechanic's lien, including the Notice of Mechanic's Lien, as required, would cause the mechanic's lien to be unenforceable as a matter of law. The bill would also revise the permissive provisions regarding the recording of the complaint to enforce the lien, as described above, to make them mandatory. The bill would also make correctional, style, and conforming changes.
Sponsored bills
This measure would urge the Congress of the United States and the federal administration to work with the Governor and the Legislature of the State of California to, among other things, provide federal loan guarantees, flexibility with respect to certain programs, and certain funding levels for vital programs, as specified.
This measure would declare the week of June 29 through July 5, 2009, Yellow Ribbon Week to show support for military families and for troops fighting in Iraq and Afghanistan.
This measure would acknowledge the history of the Chinese in California, recognize the contributions made to the State of California by Chinese Americans and Chinese immigrants, and express regret for past discriminatory laws and constitutional provisions which resulted in the persecution of Chinese living in California.
This measure would designate the month of September 2009 as Prostate Cancer Awareness Month in the State of California and would encourage public officials and citizens to observe the month with appropriate activities and programs.
This measure would proclaim the month of May 2009 as Motorcycle Awareness Month.
This measure would designate that January 19, 2009, be observed as the official memorial of the late Rev. Dr. Martin Luther King, Jr.'s birth, and commemorate Dr. Martin Luther King, Jr. Day, the work of Dr. Martin Luther King, Jr., and the Civil Rights Movement in changing public policy in California and in the United States of America.
This measure would recognize February 2009 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, and encourage the people of California to recognize the many talents, achievements, and contributions that African Americans make to their communities.
This measure would recognize the weeks of February 22 through February 28, 2009, and February 21 through February 27, 2010, as Eating Disorders Awareness Week and would encourage citizens and policymakers to learn more about eating disorders and the obstacles to treatment, and to help people overcome and prevent these life-threatening diseases.