California Assembly Bill AB846 Introduced / Bill

 BILL NUMBER: AB 846INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gallagher FEBRUARY 26, 2015 An act to amend Section 8462 of the Civil Code, relating to liens. LEGISLATIVE COUNSEL'S DIGEST AB 846, as introduced, Gallagher. Mechanic's lien: discretionary dismissal. The California Constitution grants workers the right to a mechanic' s lien for the value of labor and materials provided for the improvement of real property and authorizes the Legislature to provide for the speedy and efficient enforcement of these liens. Existing law authorizes a court to dismiss an action to enforce a mechanic's lien for want of prosecution if it is not brought to trial within 2 years after commencement of the action. This bill would authorize a court to dismiss an action to enforce a mechanic's lien for want of prosecution if service is not made within 6 months after commencement of the action. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8462 of the Civil Code is amended to read: 8462. Notwithstanding Section 583.420 of the Code of Civil  Procedure, if   Procedure:     (a)     If  an action to enforce a lien is not brought to trial within two years after commencement of the action, the court may in its discretion dismiss the action for want of prosecution.  (b) If service on an action to enforce a lien is not made within six months after commencement of the action, the court may in its discretion dismiss the action for want of prosecution.