California Labor Code 90.8 – (a) As an alternative to a judgment lien, the Labor Commissioner …
(a) As an alternative to a judgment lien, the Labor Commissioner may create a lien on real property to secure the amount due to the Labor Commissioner under any citation, findings, or decision that has become final and may be entered as a judgment, including those that have become final under Sections 1197.1, 226.5, 1023, and 1289. The lien on real property may be created by the Labor Commissioner recording a certificate of lien, for amounts due from the cited parties named in the final citation, findings, or decision, with the county recorder of any county in which the parties’ real property may be located. The lien attaches to all interests in real property of those parties located in the county where the lien is created to which a judgment lien may attach pursuant to § 697.340 of the Code of Civil Procedure, with the same priority as a judgment lien.
(b) The certificate of lien shall include information as prescribed by § 27288.1 of the Government Code.
Terms Used In California Labor Code 90.8
- County: includes "city and county. See California Labor Code 14
- Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The recorder shall accept and record the certificate of lien and shall index it as prescribed by law.
(d) Upon payment of the amount due under the final citation, findings or decision, including any interest and costs that have lawfully accrued on the original amount, the Labor Commissioner shall issue a certificate of release, releasing the lien created under subdivision (a) of this section. The certificate of release may be recorded by any person at that person’s expense.
(e) Unless the lien is satisfied or released, a lien under this section shall continue until 10 years from the date of its creation. The lien may be renewed for additional periods of 10 years by recording a renewal of certificate of lien or a copy of a renewed judgment at any time prior to its expiration.
(f) The provisions of § 697.410 of the Code of Civil Procedure shall apply to a lien created under this section as if the lien had been created by a recorded abstract of a money judgment or certified copy of a money judgment.
(Added by Stats. 2021, Ch. 335, Sec. 1. (SB 572) Effective January 1, 2022.)