If the court determines that the lien or other encumbrance is in violation of Section 765.010, the court shall issue an order striking and releasing the lien or other encumbrance and may award costs and reasonable attorney's fees to the petitioner to be paid by the lien or other encumbrance claimant. If the court determines that the lien or other encumbrance is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the encumbrance claimant to be paid by the petitioner. The court may direct that an order issued pursuant to this section be recorded.
§ 765.030.Order If Court Determines Lien In Violation of Section 6223
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 6. Liens and Encumbrances · Last amended 2017 · Last verified July 28, 2026
In one sentenceSection 765.030 directs the court, after a hearing on a petition under this article, to strike and release the lien or encumbrance and possibly award fees and costs if it violates § 765.010, or to uphold it and possibly award fees and costs to the claimant if it is valid, and lets the court order the ruling recorded.
Full Text of § 765.030
Plain-English Summary
This is the section that resolves the show-cause hearing § 765.010(c) sets up. If the court finds the lien or encumbrance violates § 765.010, it must strike and release it, and may award costs and reasonable attorney's fees to the petitioner, payable by the claimant who filed it.
The outcome runs the other way if the claim holds up. If the court finds the lien or encumbrance valid, it issues an order saying so, and may award costs and reasonable attorney's fees to the claimant instead, payable by the petitioner who brought the challenge. Either way, the court can direct that its order be recorded, clearing up the public record either by removing the improper lien or confirming the valid one.
Frequently Asked Questions
What happens if the court finds a lien was filed in violation of § 765.010?
The court must issue an order striking and releasing the lien or encumbrance, and may award costs and reasonable attorney's fees to the petitioner.
What if the court finds the lien is valid?
The court issues an order stating that, and may award costs and reasonable attorney's fees to the claimant instead.
Can the court's ruling on the petition be recorded?
Yes. Section 765.030 lets the court direct that its order be recorded.
Amendment History
Amended by Stats 2016 ch 86 (SB 1171),s 25, eff. 1/1/2017. Amended by Stats 2015 ch 208 (AB 1267),s 3, eff. 1/1/2016.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: striking a fraudulent lien californiacourt order removing false lien california