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What Civil Code Section references where you must file your mechanics lien lawsuit

CaliforniaLawsuitLien ForeclosureMechanics Lien

A client's attorney has filed a lawsuit with 2 separate mechanics lien foreclosure causes of action; however, 1 property is located in LA and the other in San Diego. The lawsuit is filed in LA County. He insists he can do this. Is he correct as we don't think he is. Thank you,

1 reply

Jul 3, 2019
Great question. The sections of the California Civil Code that set the rules and regulations for mechanics liens do not appear to create any rule as to where a lien enforcement suit can be brought. Thus, California's rules for civil procedure will dictate where suit can and should be brought - and that will generally be based on the location of the project, the location of the parties involved in the suit, and other relevant factors. But, it's also worth noting that California courts, like all courts, have an interest in being efficient. So, if there are two suits filed in different courts that are based on the same underlying event, or if there's more than one dispute between the two parties (even if they're unrelated disputes), the separate actions can and likely should be consolidated to be heard by the same court.

If you've got other questions about California's procedural rules for lawsuits, attorneys from sites like Avvo.com and JustAnser.com are might be a little more helpful. These sites have attorneys available from all different locations with specialties in all different fields, and one of them can likely help guide you through how a case should be brought in the state.

Of course, if you've got other questions regarding construction law or construction payment - we're happy to take care of those here at the Ask an Expert Center!
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