California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 4 — Mechanics Lien, Article 7 — Release Order, Section 8488
(a) At the hearing both (1) the petition and (2) the issue of compliance with the service and date for hearing requirements of this article are deemed controverted by the claimant. The petitioner has the initial burden of producing evidence on those matters. The petitioner has the burden of proof as to the issue of compliance with the service and date for hearing requirements of this article. The claimant has the burden of proof as to the validity of the lien.
(b) If judgment is in favor of the petitioner, the court shall order the property released from the claim of lien.
(c) The prevailing party is entitled to reasonable attorney’s fees.
Notes
Sets the petitioner’s initial production burden on the petition and compliance with service and hearing-date requirements, the petitioner’s proof burden on that compliance, and the claimant’s proof burden on lien validity. Requires release of the property when judgment favors the petitioner and awards reasonable attorney’s fees to the prevailing party.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 8488 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-6/title-2/chapter-4/article-7/section-8488