California 2009-2010 Regular Session Status: Enacted

AB 457 — Liens.

Last action — Chaptered by Secretary of State - Chapter 109, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Constitution gives 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 defines claim of lien in this regard, requiring it to contain specified information. Existing law provides that a lien claimant, after filing of the complaint to enforce the lien in the proper court, may record in the office of the county recorder where the property is located a notice of pending proceedings, and from the time of the recording a purchaser or encumbrancer of the property is deemed to have constructive notice of the pendency of the action. This bill would provide that the definition of "claim of lien" is also the definition of "mechanic's lien" and would include within this definition a Notice of Mechanic's Lien, which would contain specified information regarding the legal effect of the lien. The bill would require the mechanic's lien and the Notice of Mechanic's Lien to be served, as specified, on the owner or reputed owner of the property, or on the construction lender or the original contractor if those parties cannot be served. The bill would require a proof of service affidavit to be completed and signed by the person serving the Notice of Mechanic's Lien, and it would be included as part of the mechanic's lien or claim of lien. The bill would provide that a failure to serve the mechanic's lien, including the Notice of Mechanic's Lien, as required, would cause the mechanic's lien to be unenforceable as a matter of law. The bill would also revise the permissive provisions regarding the recording of the complaint to enforce the lien, as described above, to make them mandatory. The bill would also make correctional, style, and conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 109, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 2471.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 11 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 1664.)

  7. Ordered to Special Consent Calendar.

  8. Read second time. To third reading.

  9. Withdrawn from committee. Ordered placed on second reading file.

  10. Read second time, amended, and re-referred to Com. on APPR.

  11. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 9).

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  13. Referred to Com. on JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 975.)

  16. Read second time. To third reading.

  17. From committee: Do pass. (Ayes 10. Noes 0.) (March 31).

  18. Re-referred to Com. on JUD.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  20. Referred to Com. on JUD.

  21. From printer. May be heard in committee March 27.

  22. Read first time. To print.

Sponsors

  • Emmerson · Cosponsor
  • Monning · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Monning

Co-sponsors (1)

  • Emmerson

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 457 MONNING Concurrence in Senate Amendments

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 2001
Republican 3000
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
Hagman — Yea
Nava — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huffman — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Fletcher — Not Voting
Bass — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Tran — Yea
Villines — Not Voting
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Emmerson — Yea
Feuer — Yea
DeVore — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #12 AB457 Monning

Passed 35 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 33005
Republican 1000
Democratic 1001
Total 35006
% of votes cast 85%0%0%15%
How each member voted (41)
Member Party Vote
Yee — Yea
Liu — Yea
Cedillo — Yea
Cogdill — Yea
Cox — Yea
Florez — Yea
Hancock — Yea
Huff — Yea
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Maldonado — Yea
Corbett — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Ashburn — Not Voting
Walters — Yea
Wiggins — Yea
Wolk — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Not Voting
Hollingsworth — Yea
McLeod — Yea
Romero — Yea
Wyland — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 457 MONNING Assembly Third Reading

Passed 87 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democratic 4001
Republican 3000
Total 87005
% of votes cast 95%0%0%5%
How each member voted (92)
Member Party Vote
Hall — Not Voting
Carter — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hayashi — Yea
Hernandez — Yea
Fletcher — Yea
Gaines — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Duvall — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Chesbro — Not Voting
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Huffman — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Knight — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Brownley — Yea
Krekorian — Yea
Tran — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does AB 457 do?
The California Constitution gives 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 defines claim of lien in this regard, requiring it to contain specified information. Existing law provides that a lien claimant, after filing of the complaint to enforce the lien in the proper court, may record in the office of the county recorder where the property is located a notice of pending proceedings, and from the time of the recording a purchaser or encumbrancer of the property is deemed to have constructive notice of the pendency of the action. This bill would provide that the definition of "claim of lien" is also the definition of "mechanic's lien" and would include within this definition a Notice of Mechanic's Lien, which would contain specified information regarding the legal effect of the lien. The bill would require the mechanic's lien and the Notice of Mechanic's Lien to be served, as specified, on the owner or reputed owner of the property, or on the construction lender or the original contractor if those parties cannot be served. The bill would require a proof of service affidavit to be completed and signed by the person serving the Notice of Mechanic's Lien, and it would be included as part of the mechanic's lien or claim of lien. The bill would provide that a failure to serve the mechanic's lien, including the Notice of Mechanic's Lien, as required, would cause the mechanic's lien to be unenforceable as a matter of law. The bill would also revise the permissive provisions regarding the recording of the complaint to enforce the lien, as described above, to make them mandatory. The bill would also make correctional, style, and conforming changes.
Who sponsors AB 457?
AB 457 is sponsored by Emmerson and Monning.
What is the current status of AB 457?
This bill has been enacted into law. Introduced February 24, 2009. Enacted.
Where can I track AB 457?
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