Heidi Corp. v. Tree Lane LLC CA2/7
Heidi Corporation dba Donald J. Scheffler’s Concrete Construction (“Heidi”) appeals from an order granting Respondent Tree Lane LLC’s (“Tree Lane”) motion to release the mechanic’s lien Heidi recorded on real property owned by Tree Lane. Heidi failed to serve the 20-day preliminary notice of the mechanic’s lien on Tree Lane’s construction lender, Skylark Capital Management (“Skylark”) , as required by Civil Code section 8200. Heidi asserts the trial court erred in failing to recognize it was excused from strictly complying with the preliminary notice requirements of section 8200 because Skylark’s interest in the property was unaffected by Heidi’s mechanic’s lien.
Section 8200 does not provide an exception to the requirement that a lien claimant must serve preliminary notice on the lender before the lien can be perfected. Heidi’s failure to provide Skylark with preliminary notice therefore invalidated the lien.
Comments on Heidi Corp. v. Tree Lane LLC CA2/7