Bill Text: CA AB2416 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Liens: laborers and employees.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2014-08-30 - Re-referred to Com. on RLS. Senate Rule 29.3(b) suspended. (Ayes 22. Noes 8. Page 5002.) From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. Withdrawn from committee. Ordered to third reading. [AB2416 Detail]

Download: California-2013-AB2416-Amended.html

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BILL NUMBER: AB 2416	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  MAY 6, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Stone
   (Principal coauthor: Assembly Member Lowenthal)
   (Coauthors: Assembly Members Gonzalez, Roger Hernández, and Pan)

                        FEBRUARY 21, 2014

   An act to add Chapter 3 (commencing with Section 3000) to Title 14
of Part 4 of Division 3 of the Civil Code, relating to liens.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2416, as amended, Stone. Liens: laborers and employees.
   Existing law grants specified persons, including laborers, as
defined, who contribute labor, skill, or services to a work of
improvement the right to record a mechanic's lien upon the property
so improved. Under existing law, when an employer fails to pay wages
due, the employee has the right to file a claim against his or her
employer, or former employer, with the Division of Labor Standards
Enforcement, which is authorized to conduct investigations, hold
hearings, and impose fines and penalties for nonpayment of wages.
   This bill with certain exceptions, would authorize an employee to
record and enforce a wage lien upon real and personal property of an
employer, or a property owner, as specified, for unpaid wages and
other compensation owed the employee, and certain other penalties,
interest, and costs. The bill would prescribe requirements relating
to the recording and enforcement of the wage lien and for its
extinguishment and removal. The bill would require a notice of lien
on real property to be executed under penalty of perjury.The bill
would authorize the employer or property owner to use a procedure to
release the notice of lien if the employer makes specified
contentions, and would require a specific certification under the
procedure to be made under penalty of perjury.  The bill would
also require the Department of Industrial Relations to issue a report
to the Legislature by January 1, 2019, on the effect of these
provisions, as specified. 
   By expanding the scope of the crime of perjury, this bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
California Wage Theft  Prevention   Recovery
 Act.
  SEC. 2.  Chapter 3 (commencing with Section 3000) is added to Title
14 of Part 4 of Division 3 of the Civil Code, to read:
      CHAPTER 3.  WAGE LIENS


   3000.  (a) An employee shall have a lien on all property of the
employer in California, including after-acquired property, for the
full amount of any wages and other compensation, penalties, and
interest owed to the employee.
   (b) If the employer is a natural person, a lien under this section
shall  not  apply to the employer's principal 
residence only to the extent that the employee provided labor to the
benefit of the employer's household or principal  residence.

   (c) The amount of the lien under this section shall include unpaid
wages and other compensation required by California law, penalties
available under the Labor Code, interest at the same rate as for
prejudgment interest in this state, and the costs of filing and
service of the lien. The amount of compensation that may be claimed
as lien under this section includes all wages agreed to be paid to
the employee, but no less than the amount required by law, including
direct wages and compensation required to be paid to other persons or
entities, that would qualify as "employer payments" described in
Section 1773.1 of the Labor Code.
   (d) An employee's lien upon personal property shall be limited to
property subject to a security interest under the Commercial Code
pursuant to the filing of a financing statement with the Secretary of
State.
   (e) Any act authorized or required under this chapter with regard
to an employee may also be undertaken by any person or entity,
including any governmental agency, to which a portion of an employer'
s compensation is payable or that has standing under applicable law
to maintain a direct legal action on behalf of the employee to
collect any portion of compensation owed to the employee, or that is
authorized by the employee to act on the employee's behalf.
   (f) A lien pursuant to this section shall not be claimed by an
employee who is exempt from the protections of Industrial Welfare
Commission wage orders under the administrative, executive, or
professional exemptions. In any action involving such a lien, the
employer shall plead and prove exempt status as an affirmative
defense.
   (g) A lien pursuant to this section is in addition to any other
lien rights held by the employee and shall not be construed to limit
these rights.
   3001.  (a) The lien described in Section 3000 shall not attach if
the employer has obtained a surety bond or insurance that provides
for payment of the wages and other compensation, penalties, and
interest, claimed by the employee and is in an amount that is
adequate to fully satisfy the employee's claim. If the surety bond or
insurance contract is inadequate to cover the entire amount of the
employee's claim, the lien shall be limited to the amount of the
claim that exceeds the bond or insurance coverage. Within 30 days of
being provided with proof of a valid surety bond or insurance
contract that applies to the claim, the employee shall file a release
of any lien recorded or a notice reducing the lien to the amount
that exceeds the bond or insurance coverage.
   (b) The lien described in Section 3000 shall not attach for labor
performed under a valid collective bargaining agreement if the
agreement expressly provides for a regular hourly pay of not less
than 30 percent more than the state minimum wage rate, addresses the
issue of security for the payment of wages, and expressly waives
requirements of this chapter in clear and unambiguous terms. If part
of the labor was performed under a collective bargaining agreement as
so described the lien shall be limited to the amount of the claim
based on labor that was not performed under the agreement. Within 30
days of being provided with proof of such a collective bargaining
agreement, the employee shall file a release of any lien recorded or
a notice reducing the lien to the amount permitted by this chapter.
   (c) If an employee, after receiving proper notice under this
section, acts unreasonably and in bad faith in recording or filing a
notice of lien or in refusing to file a release or reduction of the
lien, the employer shall be entitled to recover attorney's fees and
costs in an action to remove or reduce the lien, and the court in its
discretion may also issue a fine, not to exceed one thousand dollars
($1,000). 
   (d) The lien described in Section 3000 shall not attach if the
employer receives a court order or an order from the Labor
Commissioner finding that the employee does not have a reasonable
likelihood of success on the claim for wages and other compensation,
penalties, and interest owed to the employee. The employee shall
release the lien within 30 days of being provided with proof of the
order. 
   3001.5.  (a) At least  five   20  days
prior to recording a notice of lien with a county recorder pursuant
to Section 3003 or filing a notice of lien with the Secretary of
State pursuant to Section 3004, the employee shall provide the owner
or reputed owner of the property against which the lien is to be
recorded preliminary written notice of the intent to record a notice
of lien.
   (b) Notice under this part shall include the following:
   (1) All of the information required by subdivision (b) of Section
3003, to the extent known to the person giving the notice.
   (2) The following statement in boldface type:

   NOTICE TO EMPLOYER, if the person that has given you this notice
is not paid in full for work performed in your employ, a lien may be
placed on your property after a period of  five 
 20  days after this notice is served. Foreclosure of the
lien may lead to loss of all or part of your property. You may wish
to protect yourself against this by (1) ensuring that the person that
has given you this notice is paid in full for work performed in your
employ, or (2) any other method that is appropriate under the
circumstances. This notice is required by law to be served by the
undersigned as a statement of your legal rights.

   (c) Notice is not invalid by reason of any variance from the
requirements of this section if the notice is sufficient to
substantially inform the person given notice of the information
required by this section and other information required in the
notice.
   (d) Service of the notice required by this section shall be by the
means described in subdivision (c) of Section 3004 and shall be
deemed to have been given three business days after mailing of the
notice.
   3002.  (a) The lien described in Section 3000 shall be permanently
extinguished unless a notice of lien in accordance with Section 3003
or 3004 is recorded or filed, and served upon the employer, within
180 days of the date that the employee ceased working for the
employer. The lien described in Section 3000 shall also be
permanently extinguished as to property that is transferred or sold
by the employer, unless a notice of lien was recorded or filed before
the transfer or sale in accordance with Section 3003 or 3004.
   (b)  (1)    The employee shall commence an
action to enforce the lien and prove the amount owed within 
90   45  days of the date of filing or recording of
the notice of lien. If the employee does not commence an action to
enforce the lien within that time, the lien shall be permanently
extinguished and is unenforceable, unless the employee and the owner
of the property subject to the lien agree to extend the time for
enforcing the lien in writing and record or file notice of the fact
and terms of the extension prior to the expiration of the time for
commencing an action to enforce the lien. If the employee does not
commence an action to enforce the lien within the extended time
period, the lien shall be permanently extinguished and is
unenforceable. 
   (2) If a lien has been permanently extinguished pursuant to this
subdivision because the employee has not commenced an action to
enforce the lien within the applicable time period, the employee may
not record or file another lien under Section 3000 claiming the same
unpaid wages, compensation, penalties, or costs claimed by the
extinguished lien. 
   (c) If the lien has been extinguished pursuant to subdivision (a)
or (b), upon demand and 15 days' notice by the employer or any
affected party, the employee shall record or file a release of the
lien. If an employee fails to file a release of the lien after proper
notice has been mailed to the employee's address as indicated on the
notice of the lien, the employer or affected party may petition the
court for an order releasing the lien. If the employee acted
unreasonably and in bad faith in refusing to file a release of lien,
the employer or affected party shall be entitled to recover its
attorney's fees and costs incurred in the action, and the court in
its discretion may also issue a fine not to exceed one thousand
dollars ($1,000).
   3003.  (a) With regard to a lien on real property under Section
3000, the employee shall record a notice of lien with the county
recorder in the county where the real property is located.
   (b) The notice of lien shall be executed under penalty of perjury,
as defined in Section 118 of the Penal Code, and shall include all
of the following:
   (1) A statement of the employee's demand for payment of the wages
and other compensation, penalties, and interest. The statement shall
specify the amount owed to the employee, and if the amount is
estimated, shall provide an explanation for the basis of the
estimate.
   (2) A general statement of the kind of work furnished by the
employee and the dates of employment.
   (3) The name of the person or entity by whom the employee was
employed.
   (4) The employee's mailing address. 
   (5) A description of the address or site of the property
sufficient for identification. 
   (c) The employee shall serve the notice of lien on the employer,
by certified mail with return receipt requested, evidenced by a
certificate of mailing, postage prepaid, addressed to the employer at
the employer's residence or place of business.
   (d) The lien attaches to all real property owned by the employer
at the time of the filing of the notice of lien, or that is
subsequently acquired by the employer, that is located in any county
in which the notice of lien is  recorded, regardless of
whether the property is identified in the notice of lien 
 recorded  .
   3004.  (a) With regard to a lien on personal property under
Section 3000, the employee shall file a notice of lien with the
Secretary of State. Except as otherwise provided in this chapter, the
manner, form, and place of filing shall be as described in Chapter 5
(commencing with Section 9501) of Division 9 of the Commercial Code.
The notice of the lien shall be placed in the same file as financing
statements pursuant to Section 9522 of the Commercial Code.
   (b) The notice shall be executed under penalty of perjury, as
defined in Section 118 of the Penal Code, and shall state the
following:
   (1) A statement of the employee's demand for payment of the wages
and other compensation, penalties, and interest. The statement shall
specify the amount owed to the employee, and if the amount is
estimated, shall provide an explanation for the basis of the
estimate.
   (2) A general statement of the kind of work furnished by the
employee and the dates of employment.
   (3) The name of the person by whom the employee was employed.
   (4) The employee's mailing address.
   (c) The employee shall serve the notice of lien on the employer by
certified mail with return receipt requested, evidenced by a
certificate of mailing, postage prepaid, addressed to the employer at
the employer's residence or place of business.
   (d) The lien attaches to all personal property that is owned by
the employer at the time of the filing of the notice of lien, or that
is subsequently acquired by the employer, that can be made subject
to a security interest under the Commercial Code.
   3005.  (a) In order to enforce a lien under Section 3000, the
employee shall demonstrate in a civil action, or in a proceeding
under Section 98 of the Labor Code, that he or she is owed wages or
other compensation and any related penalties and interest, or the
employer's liability shall be established pursuant to a citation
issued under Section 1197.2 of the Labor Code and the process for
contesting such a citation.
   (b) If the employee chooses to pursue the wage claim in an
administrative proceeding before the Labor Commissioner pursuant to
Section 98 of the Labor Code, the Labor Commissioner may establish
the amount of lien if a lien has been recorded. If no lien has been
recorded at the time the administrative claim is filed, the Labor
Commissioner may provide the notice and record the lien on behalf of
the employee.
   (c) If the Labor Commissioner issues a citation under Section
1197.2 of the Labor Code for the failure to pay wages to an employee,
the Labor Commissioner may provide preliminary notice and record a
lien on behalf of the employee.
   (d) If a notice of lien is recorded or filed pursuant to Section
3003 or 3004 and an action to recover unpaid wages has been filed by
the employee, that action shall also be deemed an action to enforce
the lien and foreclose upon any property subject to the recorded
lien. In the judgment resulting from an action, the court may order
the sale at a sheriff's auction or the transfer to the plaintiff of
title or possession of any property subject to the lien. Whether or
not the court makes an order as part of the judgment, any property
subject to the lien may be foreclosed upon at any point after a
judgment for unpaid wages is issued.
   (e) The employee is entitled to court costs and reasonable
attorney's fees for filing a successful action to enforce a lien
pursuant to this section.
   (f) If judgment is entered against the employee in the action to
enforce the lien or if the case is dismissed with prejudice, the lien
shall be extinguished. The judgment shall include the date the
notice of lien was recorded and, to the extent applicable, the county
in which it was recorded, the book and page or series number of the
place in the legal records in which the lien was recorded, and a
legal description of the property to which the lien attaches. The
judgment may be appealed by filing a notice of appeal on or before 60
days after the entry of judgment. If an appeal is filed, the lien
shall continue in force until all issues on the appeal have been
decided. If the period for appeal runs without an appeal having been
filed, or if the appeal fails, the judgment entered under this
section shall be equivalent to cancellation of the lien and its
removal from the record. A judgment entered pursuant to this
subdivision is a recordable instrument. Upon recordation of a
certified copy of the judgment, the property described in the
judgment is released from claim of lien. Alternatively, if the lien
is extinguished, upon demand and 15 days' notice by the property
owner, the employee shall file a release of the lien. If an employee
refuses to file a release of the lien after proper notice, an
employer or property owner may petition the court for an order to
file a release of the lien. If the employee acted unreasonably and in
bad faith in refusing to file a release of the lien, the employer or
property owner shall be entitled to attorney's fees and costs
incurred in the action, and the court in its discretion may also
issue a fine not to exceed one thousand dollars ($1,000).
   (g) Any number of claims to enforce employee liens against the
same employer may be joined in a single proceeding, but the court may
order separate trials or hearings. If the proceeds of the sale of
the property subject to a lien are insufficient to pay all the
claimants, whether or not claims have been joined together, the court
shall order the claimants to be paid in proportion to the amount due
each claimant.
   (h) If a court finds that false information was knowingly and in
bad faith included in a notice of lien by an employee with an intent
to defraud, both of the following shall apply:
   (1) The lien shall be extinguished and the right to a lien as
provided by this chapter shall be forfeited.
   (2) The court may award reasonable attorney's fees and court costs
to the property owner or employer for action taken to defeat the
lien claim.
   3005.5.  (a) An employer may use the procedure established
pursuant to this section to release the notice of lien if the
employer contends any of the following:
   (1) That a notice of lien established pursuant to Section 3000 is
not effective.
   (2) That the lien has been extinguished because the circumstances
provided by Section 3000 are not present.
   (3) All wages due the employee have been paid.
   (4) The employer has obtained a surety bond pursuant to
subdivision (a) of Section 3001.
   (5) The exception provided by subdivision (b) of Section 3001
applies.
   (6) The employee has failed to provide the notice required by
Section 3001.5.
   (7) The employee or Labor Commissioner has failed to commence an
action to enforce the lien within the specified time.
   (8) The action has been resolved against the employee.
   (b) The procedure to release the notice of lien shall be as
follows:
   (1) The employer shall provide notice to the employee that the
employer believes that the lien should be released and the basis for
that belief, and request that the employee record or file a release
of the notice of lien. The notice shall be made by certified mail
with return receipt requested, evidenced by a certificate of mailing,
postage prepaid, addressed to the employee at the employee's
residence or place of business.
   (2) If the employee fails to respond within 30 days of the date of
mailing of the notice provided by paragraph (1), the employer may
give notice to the Labor Commissioner that the employee did not
respond, and request that the Labor Commissioner file or record a
release of the notice of lien. The notice shall include a copy of the
notice of lien and a certification, made under penalty of perjury,
that the employer followed the procedures provided by this section
and that the employee did not respond.
   (3) Upon receiving a request pursuant to paragraph (2), the Labor
Commissioner shall notify the employee that unless the employee
serves an objection on the Labor Commissioner within 30 days, the
Labor Commissioner shall release the notice of lien. The notice shall
be made by certified mail with return receipt requested, evidenced
by a certificate of mailing, postage prepaid, addressed to the
employee at the employee's residence or place of business. If the
employee does not serve a timely objection, the Labor Commissioner
shall record or file a release of the notice of lien.
   (c) The procedure established pursuant to this section to release
the notice of lien is an additional means of releasing a notice of
lien.
   3010.  (a) An employee shall have a lien on the real property at
which the employee performed work, for the amount of any wages and
other compensation, penalties, and interest owed to the employee for
performing work at that property, under any of the following
circumstances:
   (1) The property owner and the employee's employer are related
parties. If the property owner is a natural person, this lien shall
 not  apply to the property owner's principal 
residence only to the extent that the employee provided labor to the
benefit of that household or  residence.
   (2) The employee was employed by a contractor or subcontractor
performing services for the property owner or its agent, or for a
related party to the property owner, or for the related party's
agent, regardless of whether a written contract exists. This
subdivision shall not apply if the services were provided to a
household or residence.
   (3) The employee was employed to perform property services work on
commercial property by the property owner's lawful tenant or
subtenant or by the tenant's or subtenant's agent, or by a contractor
or subcontractor in the execution of a contract awarded by the
tenant or subtenant or by the tenant's or subtenant's agent,
regardless of whether a written contract exists. For purposes of this
subdivision, "property services work" means work in the janitorial,
security guard, parking services, and landscaping and gardening
industries. This subdivision shall not apply if the commercial
property was leased by the property owner pursuant to a lease entered
into prior to January 1, 2015, unless the lease is modified or
extended after that date.
   (b) For purposes of this section, "related parties" means a party
owns or controls, or is owned or controlled, or is under common
ownership or control, with the other party. For purposes of defining
"related parties," "ownership" means 50 percent or greater ownership,
and "control" means the right granted by law to exercise decision
power over administration, finances, and operations.
   (c) The amount of the lien under this section shall include unpaid
wages and other compensation required by California law, penalties
available under the Labor Code, interest at the same rate as for
prejudgment interest in this state, and the costs of filing and
service of the lien. The amount of compensation that may be claimed
as lien under this section includes all wages agreed to be paid to
the employee, but no less than the amount required by law, including
direct wages and compensation required to be paid to other persons or
entities, that would qualify as "employer payments" described in
Section 1773.1 of the Labor Code.
   (d) Any act authorized or required under this chapter with regard
to an employee may also be undertaken by any person or entity,
including any governmental agency, to which a portion of an employee'
s compensation is payable or that has standing under applicable law
to maintain a direct legal action on behalf of the employee to
collect any portion of compensation owed to the employee, or that is
authorized by the employee to act on the employee's behalf.
   (e) A lien pursuant to this section shall not be claimed by an
employee who is exempt from the protections of Industrial Welfare
Commission wage orders under the administrative, executive, or
professional exemptions. In any action involving a lien, the property
owner shall plead and prove exempt status as an affirmative defense.

   (f) This section shall not apply to the extent that the employee
would be entitled to a mechanic's lien on the same property under
Section 8400.
   (g) A lien pursuant to this section is in addition to any other
lien rights held by the employee and shall not be construed to limit
these rights.
   3011.  (a) The lien described in Section 3010 shall not attach if
the employer or property owner has obtained a surety bond or
insurance that provides for payment of the wages and other
compensation, penalties, and interest claimed by the employee and is
in an amount that is adequate to fully satisfy the employee's claim.
If the surety bond or insurance contract is inadequate to cover the
entire amount of the employee's claim, the lien shall be limited to
the amount of the claim that exceeds the bond or insurance coverage.
Within 30 days of being provided with proof of a valid surety bond or
insurance contract that applies to the claim, the employee shall
file a release of any lien recorded or a notice reducing the lien to
the amount that exceeds the bond or insurance coverage.
   (b) The lien described in Section 3010 shall not attach for labor
performed under a valid collective bargaining agreement if the
agreement expressly provides for a regular hourly pay of not less
than 30 percent more than the state minimum wage rate, addresses the
issue of security for the payment of wages, and expressly waives
requirements of this chapter in clear and unambiguous terms. If part
of the labor was performed under a collective bargaining agreement as
so described, the lien shall be limited to the amount of the claim
based on labor that was not performed under the agreement. Within 30
days of being provided with proof of such a collective bargaining
agreement, the employee shall file a release of any lien recorded or
a notice reducing the lien to the amount permitted by this chapter.
   (c) If an employee, after receiving proper notice under this
section, acts unreasonably and in bad faith in recording or filing a
notice of lien or in refusing to file a release or reduction of the
lien, the property owner shall be entitled to recover attorney's fees
and costs in an action to remove or reduce the lien, and the court
in its discretion may also issue a fine not to exceed one thousand
dollars ($1,000). 
   (d) The lien described in Section 3010 shall not attach if the
employer receives a court order or an order from the Labor
Commissioner finding that the employee does not have a reasonable
likelihood of success on the claim for wages and other compensation,
penalties, and interest owed to the employee. The employee shall
release the lien within 30 days of being provided with proof of the
order. 
   3012.  (a) At least 20 days prior to recording a notice of lien
with a county recorder pursuant to Section 3014, the employee shall
provide the owner or reputed owner of the property against which the
lien is to be recorded preliminary written notice of the intent to
record a notice of lien.
   (b) Notice under this part shall include the following:
   (1) All of the information required by subdivision (b) of Section
3014.
   (2) The name and address of any entity with which the employee's
employer has contracted to provide the labor for which the employee
seeks past due wages or other compensation, to the extent known by
the person giving notice.
   (3) The following statement in boldface type:

   NOTICE TO PROPERTY OWNER, if the person that has given you this
notice is not paid in full for work performed at real property you
own, a lien may be placed on your property after a period of 20 days
from the date this notice is served. Foreclosure of the lien may lead
to loss of all or part of your property. You may wish to protect
yourself against this by (1) ensuring that the person that has given
you this notice is paid in full for work performed, or (2) any other
method that is appropriate under the circumstances. This notice is
required by law to be served
  by the undersigned as a statement of your legal rights. This notice
is not intended to reflect upon the financial condition of your
related party, contractor, subcontractor, tenant, or subtenant.

   (c) Notice is not invalid by reason of any variance from the
requirements of this section if the notice is sufficient to
substantially inform the person given notice of the information
required by this section and other information required in the
notice.
   (d) An employer, contractor, subcontractor, tenant, or subtenant
shall make available to any person seeking to give preliminary notice
the name and address of the property owner.
   (e) Service of the notice required by this section shall be by the
means described in subdivision (c) of Section 3014 and shall be
deemed to have been given three business days after mailing of the
notice.
   3013.  (a) The lien described in Section 3010 shall be permanently
extinguished unless a notice of lien in accordance with Section 3014
is recorded, and served upon the property owner, within 180 days of
the date that the employee ceased to perform work at the property.
The lien described in Section 3010 shall also be permanently
extinguished as to property that is transferred or sold by the
property owner, unless a notice of lien was recorded before the
transfer or sale in accordance with Section 3014.
   (b)  (1)    The employee shall commence an
action to enforce the lien and prove the amount owed within 
90   45  days of the date of filing or recording of
the notice of lien. If the employee does not commence an action to
enforce the lien within that time, the lien shall be permanently
extinguished and is unenforceable, unless the employee and the owner
of the property subject to the lien agree to extend the time for
enforcing the lien in writing and record or file notice of the fact
and terms of the extension prior to the expiration of the time for
commencing an action to enforce the lien. If the employee does not
commence an action to enforce the lien within the extended time
period, the lien shall be permanently extinguished and is
unenforceable. 
   (2) If a lien has been permanently extinguished pursuant to this
subdivision because the employee has not commenced an action to
enforce the lien within the applicable time period, the employee may
not record or file another lien under Section 3010 claiming the same
unpaid wages, compensation, penalties, or costs claimed by the
extinguished lien. 
   (c) If the lien has been extinguished pursuant to subdivision (a)
or (b), upon demand and 15 days' notice by the property owner or any
affected party, the employee shall record or file a release of the
lien. If an employee fails to file a release of the lien after proper
notice has been mailed to the employee's address as indicated on the
notice of the lien, the employer or affected party may petition the
court for an order releasing the lien. If the employee acted
unreasonably and in bad faith in refusing to file a release of the
lien, the property owner or affected party shall be entitled to
recover its attorney's fees and costs incurred in the action, and the
court in its discretion may also issue a fine not to exceed one
thousand dollars ($1,000).
   3014.  (a) The employee shall record a notice of lien with the
county recorder in the county where the real property is located.
   (b) The notice of lien shall be executed under penalty of perjury,
as defined in Section 118 of the Penal Code, and shall include all
of the following:
   (1) A statement of the employee's demand for payment of the wages
and other compensation, penalties, and interest. The statement shall
specify the amount owed to the employee, and if the amount is
estimated, shall provide an explanation for the basis of the
estimate.
   (2) A general statement of the kind of work furnished by the
employee and the dates of employment.
   (3) The name of the person or entity by whom the employee was
employed.
   (4) The employee's mailing address.
   (5) A description of the address or site of the property at which
the work was performed sufficient for identification.
   (6) The name of the property owner or reputed owner, if known.
   (c) The employee shall serve the notice of lien on the employer
and the property owner or reputed owner, by certified mail with
return receipt requested, evidenced by a certificate of mailing,
postage prepaid, addressed to the employer at the employer's
residence or place of business, to the address of the property
subject to the lien, and to the residence or place of business of the
property owner or reputed owner.
   (d) The lien attaches only to real property owned by the property
owner described in Section 3010 at the time of the recording of the
notice of lien. The lien attaches only to the property that is
specifically identified in the notice of lien.
   3015.  (a) In order to enforce a lien under Section 3010, the
employee shall demonstrate in a civil action that he or she is owed
wages or other compensation and any related penalties and interest
and that the property is property subject to a lien under Section
3010.
   (b) If a notice of lien is recorded or filed pursuant to Section
3014 and an action to recover unpaid wages has been filed by the
employee against the employer, and the property owner has been joined
as a party, that action shall also be deemed an action to enforce
the lien and foreclose upon any property subject to the recorded
lien. In the judgment resulting from an action, the court may order
the sale at a sheriff's auction or the transfer to the plaintiff of
title or possession of any property subject to the lien. Whether or
not the court makes an order as part of the judgment, any property
subject to the lien may be foreclosed upon at any point after a
judgment for unpaid wages is issued.
   (c) The employee is entitled to court costs and reasonable
attorney's fees for filing a successful action to enforce a lien
pursuant to this section.
   (d) If judgment is entered against the employee in the action to
enforce the lien or if the case is dismissed with prejudice, the lien
shall be extinguished. The judgment shall include the date the
notice of lien was recorded, the county in which it was recorded, the
book and page or series number of the place in the legal records in
which the lien was recorded, and a legal description of the property
to which the lien attaches. The judgment may be appealed by filing a
notice of appeal on or before 60 days after the entry of judgment. If
an appeal is filed, the lien shall continue in force until all
issues on the appeal have been decided. If the period for appeal runs
without an appeal having been filed, or if the appeal fails, the
judgment entered under this section shall be equivalent to
cancellation of the lien and its removal from the record. A judgment
entered pursuant to this subdivision is a recordable instrument. Upon
recordation of a certified copy of the judgment, the property
described in the judgment is released from claim of lien.
Alternatively, if the lien is extinguished, upon demand and 15 days'
notice by the property owner, the employee shall file a release of
the lien. If an employee refuses to file a release of the lien after
proper notice, a property owner may petition the court for an order
to file a release of the lien. If the employee acted unreasonably and
in bad faith in refusing to file a release of the lien, the property
owner shall be entitled to attorney's fees and costs incurred in the
action, and the court in its discretion may also issue a fine not to
exceed one thousand dollars ($1,000).
   (e) Any number of claims to enforce employee liens against the
same property owner may be joined in a single proceeding, but the
court may order separate trials or hearings. If the proceeds of the
sale of the property subject to a lien are insufficient to pay all
the claimants, whether or not claims have been joined together, the
court shall order the claimants to be paid in proportion to the
amount due each claimant.
   (f) If a court finds that false information was knowingly and in
bad faith included in a notice of lien by an employee with an intent
to defraud, the following shall apply:
   (1) The lien shall be extinguished and the right to a lien as
provided by this chapter shall be forfeited.
   (2) The court may award reasonable attorney's fees and court costs
to the property owner for action taken to defeat the lien claim.
   3015.5.  (a) An employer or property owner may use the procedure
established pursuant to this section to release the notice of lien if
the employer or property owner contend any of the following:
   (1) That a notice of lien established pursuant to Section 3010 is
not effective.
   (2) The lien has been extinguished because the circumstances
provided by Section 3010 are not present.
   (3) The amount claimed by the employee has been paid.
   (4) The employer or property owner has obtained a surety bond
pursuant to subdivision (a) of Section 3011.
   (5) The exception provided by subdivision (b) of Section 3011
applies.
   (6) The employee has failed to provide the notice required by
Section 3012.
   (7) The employee or Labor Commissioner has failed to commence an
action to enforce the lien within the specified time.
   (8) The action has been resolved against the employee.
   (b) The procedure to release the notice of lien shall be as
follows:
   (1) The employer or property owner shall provide notice to the
employee that the employer or property owner believes that the lien
should be released and the basis for that belief, and request that
the employee record or file a release of the notice of lien. The
notice shall be made by certified mail with return receipt requested,
evidenced by a certificate of mailing, postage prepaid, addressed to
the employee at the employee's residence or place of business.
   (2) If the employee fails to respond within 30 days of the date of
mailing of the notice provided by paragraph (1), the employer or
property owner may give notice to the Labor Commissioner that the
employee did not respond, and request that the Labor Commissioner
file or record a release of the notice of lien. The notice shall
include a copy of the notice of lien and a certification, made under
penalty of perjury, that the employer or property owner followed the
procedures provided by this section and that the employee did not
respond.
   (3) Upon receiving a request pursuant to paragraph (2), the Labor
Commissioner shall notify the employee that unless the employee
serves an objection on the Labor Commissioner within 30 days, the
Labor Commissioner shall release the notice of lien. The notice shall
be made by certified mail with return receipt requested, evidenced
by a certificate of mailing, postage prepaid, addressed to the
employee at the employee's residence or place of business. If the
employee does not serve a timely objection, the Labor Commissioner
shall record or file a release of the notice of lien.
   (c) The procedure established pursuant to this section to release
the notice of lien is an additional means of releasing a notice of
lien.
   3016.  If the judgment in an action is against the property of a
property owner who is not the employer, the owner may deduct the
amount of the judgment and costs from any amount owed to the
employer. If the amount of the judgment and costs exceed the amount
owed to the employer, the owner may recover from the owner, or the
sureties on a bond given by the employer, if any, the remaining
amount of the judgment and costs. 
   3017.  On or before January 1, 2019, the Department of Industrial
Relations shall issue a report to the Legislature, in compliance with
Section 9795 of the Government Code, on the impact of the Wage Theft
Recovery Act. The report shall, at a minimum, report on the number
of wage liens filed, the number of wage liens that led to foreclosure
of seizure of property, and the impact of this act on unpaid wage
collection. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.