SECTIONS 8460-8470 - California Statutes

CIVIL CODE

SECTION 8460-8470

8460. (a) The claimant shall commence an action to enforce a lien
within 90 days after recordation of the claim of lien. If the
claimant does not commence an action to enforce the lien within that
time, the claim of lien expires and is unenforceable.
(b) Subdivision (a) does not apply if the claimant and owner agree
to extend credit, and notice of the fact and terms of the extension
of credit is recorded (1) within 90 days after recordation of the
claim of lien or (2) more than 90 days after recordation of the claim
of lien but before a purchaser or encumbrancer for value and in good
faith acquires rights in the property. In that event the claimant
shall commence an action to enforce the lien within 90 days after the
expiration of the credit, but in no case later than one year after
completion of the work of improvement. If the claimant does not
commence an action to enforce the lien within that time, the claim of
lien expires and is unenforceable.

8461. After commencement of an action to enforce a lien, the
plaintiff shall record in the office of the county recorder of the
county, or of the several counties in which the property is situated,
a notice of the pendency of the action, as provided in Title 4.5
(commencing with Section 405) of Part 2 of the Code of Civil
Procedure, on or before 20 days after the commencement of the action.
Only from the time of recording that notice shall a purchaser or
encumbrancer of the property affected thereby be deemed to have
constructive notice of the pendency of the action, and in that event
only of its pendency against parties designated by their real names.

8462. Notwithstanding Section 583.420 of the Code of Civil
Procedure, if an action to enforce a lien is not brought to trial
within two years after commencement of the action, the court may in
its discretion dismiss the action for want of prosecution.

8464. In addition to any other costs allowed by law, the court in
an action to enforce a lien shall allow as costs to each claimant
whose lien is established the amount paid to verify and record the
claim of lien, whether the claimant is a plaintiff or defendant.

8466. If there is a deficiency of proceeds from the sale of
property on a judgment for enforcement of a lien, a deficiency
judgment may be entered against a party personally liable for the
deficiency in the same manner and with the same effect as in an
action to foreclose a mortgage.

8468. (a) This chapter does not affect any of the following rights
of a claimant:
(1) The right to maintain a personal action to recover a debt
against the person liable, either in a separate action or in an
action to enforce a lien.
(2) The right to a writ of attachment. In an application for a
writ of attachment, the claimant shall refer to this section. The
claimant's recording of a claim of lien does not affect the right to
a writ of attachment.
(3) The right to enforce a judgment.
(b) A judgment obtained by the claimant in a personal action
described in subdivision (a) does not impair or merge the claim of
lien, but any amount collected on the judgment shall be credited on
the amount of the lien.

8470. In an action to enforce a lien for work provided to a
contractor:
(a) The contractor shall defend the action at the contractor's own
expense. During the pendency of the action the owner may withhold
from the direct contractor the amount of the lien claim.
(b) If the judgment in the action is against the owner or the
owner's property, the owner may deduct the amount of the judgment and
costs from any amount owed to the direct contractor. If the amount
of the judgment and costs exceeds the amount owed to the direct
contractor, or if the owner has settled with the direct contractor in
full, the owner may recover from the direct contractor, or the
sureties on a bond given by the direct contractor for faithful
performance of the direct contract, the amount of the judgment and
costs that exceed the contract price and for which the direct
contractor was originally liable.