Petition for Release of Property From Mechanics Lien And for Costs and Attorney's Fees
SF Superior Court - Real Property / Housing Dept 501 - CPF26519541 - June 30, 2026 Hearing date: June 30, 2026 Case number: CPF26519541 Case title: IN RE: SUPREME DUMPLINGS STONESTOWN LLC, A CALIFORNIA Case Number: | | CPF26519541 | Case Title: | | IN RE: SUPREME DUMPLINGS STONESTOWN LLC, A CALIFORNIA | Court Date: | | 2026-06-30 09:30 AM | Calendar Matter: | | Notice Of Hearing On Petition For Release Of Property From Mechanics Lien And For Costs And Attorney'S Fees | Rulings: | | Real Property/Housing Court Law and Motion Calendar for June 30, 2026. Line 1.
PETITIONER SUPREME DUMPLINGS STONESTOWN LLC Petition For Release Of Property From Mechanics Lien And For Costs And Attorney'S Fees is GRANTED in part and DENIED in part. This petition was brought on the basis that the required action for foreclosure of the mechanic's lien has not been timely filed.
The moving party reached out to Yiu Ming Cheung and Bejarano Construction on January 6, 2026 by serving a Notice of Demand for Release of Mechanics Lien. (Chan Declaration, paragraph 3). There is no evidence that Yiu Ming Cheung and Bejarano Construction responded to Petitioner's communication until an objection was filed on March 18, 2026 in response to the Petition for Release of Property From Mechanics Lien filed on February 2, 2026.
In this "Objection" Yiu Ming Cheung and Bejarano Construction for the first time brought to the Court's attention and (as it appears in the absence of the evidence to the contrary) to the attention of the Petitioner that they had attempted to file a foreclosure action on Sunday, December 7, 2025 at 10:05 p.m. All parties agree that December 7, 2025 was the last day to file a foreclosure action, but it being a weekend day, the deadline fell on December 8, 2026, which was the last Court day to process the filing, giving the Court personnel 8 work hours between 8 a.m. and 5:00 p.m. on Monday, December 8, 2025.
Having waited until the last possible day to file the action, Yiu Ming Cheung and Bejarano Construction submitted documents for filing containing "inadvertent" "misspelling (Jonestown instead of Stonestown)" in the name of the defendant. Not knowing which name of the defendant was the proper name of the defendant and which one was "inadvertent" misspelling, the clerk rejected the filing pointing to the discrepancy. The clerk correctly rejected the Cover Sheet and Summons containing the name of the defendant that did not match the complaint. However, the clerk should have accepted the Complaint even though the name of the defendant on the complaint could have been the "misspelling," causing the incorrect defendant being named in the action. Therefore, the foreclosure action should have been dated December 8, 2025, making the filing timely.
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Petition to Release Lien is DENIED in light of the above. Yiu Ming Cheung and Bejarano Construction's filing on Sunday. December 7, 2026 at 10:05 p.m., inadvertent misspellings, and most importantly apparent failure to respond to the Petitioner, necessitated the filing of this Petition causing the Petitioner to incur fees. The timeliness of the filing issue could have been addressed by the respondent promptly between December 26, 2025 and February 2, 2026 in the foreclosure case, but was not. Therefore, Petitioner's request for attorney's fees and costs is granted as requested. =(501/CFH)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |