California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 4 — Quiet Title, Article 6 — Liens and Encumbrances, Section 765.030

If the court determines that the lien or other encumbrance is in violation of Section 765.010, the court shall issue an order striking and releasing the lien or other encumbrance and may award costs and reasonable attorney’s fees to the petitioner to be paid by the lien or other encumbrance claimant. If the court determines that the lien or other encumbrance is valid, the court shall issue an order so stating and may award costs and reasonable attorney’s fees to the encumbrance claimant to be paid by the petitioner. The court may direct that an order issued pursuant to this section be recorded.

Notes

Requires the court, if a lien or encumbrance violates the prohibition, to order it stricken and released and allows costs and reasonable attorney fees to the petitioner against the claimant. If the lien is valid, the court must say so and may award costs and fees to the claimant against the petitioner; it may direct either order to be recorded.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 765.030 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-4/article-6/section-765-030

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