In 2016, an appeals court reinstated the lien rights for the subcontractor. The property owner argued the subcontractor did not comply with statutory requirements for service of the notice & the circuit court agreed, subsequently invalidating the subcontractor’s lien. The subcontractor eventually filed a lien for $81,857.55, because the general contractor failed to remit payment. In March 2012, in compliance with California’s mechanic’s lien statute, a subcontractor served its preliminary notice via certified mail, with no return receipt requested. “Civil Code former section 3097.1 provided that: ‘Proof that the preliminary 20-day notice required by Section 3097 was served in accordance with subdivision (f) of Section 3097 shall be made as follows: (a) If served by mail, by the proof of service affidavit described in subdivision (c) of this section accompanied either by the return receipt of certified or registered mail, or by a photocopy of the record of delivery and receipt maintained by the post office, showing the date of delivery and to whom delivered, or, in the event of nondelivery, by the returned envelope itself.’” In July 2012, various portions of California’s mechanic’s lien statute changed, including service and proof of service of a preliminary notice, specifically to prove service of preliminary notice via affidavit and a copy of the return receipt. The Value in Serving Notices via Certified Mail, Return Receipt Requested
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