Insurance & LiensQuestion 1487 of 1632

A recorded mechanics lien claim in California must include, among other things, a statement of the claimant's demand, the name of the owner, a description of the site, and:

a.A copy of the recorded preliminary notice the claimant served earlier
b.A copy of the signed contract the claim arises out of
c.A proof of service affidavit showing the owner was served
d.A copy of the building permit issued for the work

Explanation

Civil Code §8416 requires the claimant to serve the owner with the lien and the statutory Notice of Mechanics Lien, and to record a proof of service affidavit with the lien; without it the lien is unenforceable. (a) is the most attractive wrong answer and fails on two counts — the preliminary notice is served rather than recorded, and it is not attached to the lien. (b) confuses proof of the debt with the recorded claim; the contract is evidence in the foreclosure action, not a recording requirement. (d) has no place in the lien statute at all.

Law Reference: Civil Code §8416

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