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.

(Amended by Stats. 2016, Ch. 86, Sec. 25. (SB 1171) Effective January 1, 2017.)

Have a question?
Click here to chat with a lawyer about your rights.

Terms Used In California Code of Civil Procedure 765.030

  • Lien: A claim against real or personal property in satisfaction of a debt.